Trial Hosting Agreement

Trial Hosting Agreement

Moscow «___» ______________ 20 ____



 

(name of organization / name, surname)

Hereinafter referred to as _____ "User", represented by

(position, name and surname)

acting under _________________________, for the one part, and Joint Stock Company "Regional Network Information Center", hereinafter referred to as the "Contractor", represented herein by its General Director, Nikolay Petrovich Molibog, acting under the Charter, for the other part, referred to herein collectively as the Parties, have entered into this Agreement as follows:

The Contractor undertakes to provide Trial Hosting Service under this Agreement and the User undertakes to accept Trial Hosting Service within the timeframe stipulated hereinunder.

This Agreement shall be deemed concluded in the following cases:

a) User registration in the Contractor's database; the acceptance of this offer in this case will be User's data submission through form completion.
b) Order for Trial Hosting Service; the acceptance of this offer in this case will be duly submitted application for the Trial Hosting Service to the Contractor.

1. Definitions

Contractor - Joint Stock Company "Regional Network Information Center".

User - individual or legal entity, who applied to the Contractor for the Trial Hosting Service.

Trial Hosting Service (Trial Hosting) - the Contractor's resources set-up for work as the virtual web server and virtual mail server for the test purposes, so that the User can identify hosting characteristics.

Trial plan - aggregate of resources and services, as well as their quality and quantity features, provided by the Contractor to the Customer as part of the Trial Hosting service.

Trial Period - validity period of the Hosting Trial Service.

Trial Hosting Settings - integrity of resources and services, their qualitative and quantitative characteristics provided by the Contractor to the User for the Hosting Trial Period.

Full-Scale Hosting - providing hosting service under the Hosting Schedule (Schedule 1/10 to the Service Agreement).

Virtual Web Server - a set of the Contractor's resources and services, which enables the User to create one or more websites.

Website - information in its entirety, presented as one or more webpages created by the User for Internet publication. Website is identified by the website name, under which the User can specify a domain name or a sub domain. A website can have several names, which are called CNAMES (aliases) of a website name.

Virtual Mail Server (for Hosting Trial Service) - the Contractor's resources and services set, which enables the User 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.

Order - User's address to the Contractor in the format, set by the Contractor, containing all necessary data for providing the service, and also for updating the data presented earlier.

Control panel - web-interface, provided by the Contractor to the User to manage User's virtual mail server and virtual web server.

Personal Account - information in its entirety regarding User's payments to the Contractor and the services utilized by the User provided by the Contractor. Money funds transferred by the User are registered on his Service Agreement personal account after the funds are debited into the Contractor's checking account under the condition that the Contractor receives from the bank confirming payment documents, which identify the payment. Personal account will not be used during the trial period of hosting service.

2. General Terms

2.1. The Contractor is operating under and in accordance with the licence for the provision of telematic services of telecommunications in general use No-91877 dated 27.12.2011, No 63980 dated 28.11.2008 issued by the Russian Federation's Ministry of Communications.

2.2. Any applicant who fulfilled the terms established under this Agreement may use Trial Hosting Service.

2.3. Trial Hosting will be provided if User is registered in the Contractor's database. All data specified at registration shall be authentic. The User is responsible for selecting and registering individual administrative and technical passwords at registration in the Contractor's database, for preserving their confidentiality, and for all actions that take place as a result of using the passwords.

If there are any doubts in data authentication submitted by the User, the Contractor is entitled to deny provision of the Trial Hosting Service.

In case of any doubts in validity of data provided by the User, the Contractor is entitled to request for additional data and (or) request the confirmation of the data submitted within the contract validity period. Request is sent to the User at his e-mail contact address. In case the User fails to submit additional data and (or) does not confirm the data submitted earlier within 3 (three) calendar days after the Contractor sent the first request, the Contractor is entitled to:

a) deny the User's order for Trial Hosting;
b) suspend User's access to the Contractor's resources and services;
c) deny the User's request for switchover to Full-Scale Hosting.

All specified restrictions can be lifted within 3 (three) business days since the time the User provides requested information.

In case the required information is not submitted within 5 (five) calendar days after the Contractor sends the first request, Trial Hosting may be terminated.

2.4. The User and the Contractor acknowledge the legal effect of notifications and messages, sent by the Contractor to the User's e-mail address specified by the User in the form or the Service Agreement and this Trial Hosting Agreement. Such notifications and messages are equal to messages and notifications made in writing.

2.5. Communication channels referred to in this Agreement terms are electronic mail with contact address details specifically mentioned for this purpose in the form or the Service Agreement and this Trial Hosting Agreement. In the event of contact address changes by the User's initiative, such electronic mail addresses shall be deemed contact addresses notified to the Contractor by using a User's password.

2.6. Parties hereto assume all the responsibility for the actions taken by persons having access to communication channels.

2.7. Should this Agreement be modified, the Contractor shall inform the User of such modifications via communication channels and simultaneously publish such changes, if any, on Contractor's web server, https://www.nic.ru.

2.8. Modifications, listed in clause 2.7 shall become effective after publishing on the Contractor's web server.

2.9. Should the User accept the modifications, listed in clause 2.7 hereinabove, this Agreement shall continue to be in effect with consideration of such introduced modifications. If the User disagrees, he shall notify the Contractor before these modifications are enacted, by submission of an official letter in a simple written form with delivery acknowledgement note, and in this case this Agreement ceases to be effective as of modifications enactment date.

2.10. In case of receipt by Contractor of an official letter upon modifications enactment, this Agreement shall become ineffective as of notification receipt date. Trial Hosting Service from the modifications enactment date till the notification receipt date inclusive shall be provided to the User with consideration of the introduced modifications.

2.11. The User shall:

2.11.1. comply with the requirements of the Terms of Use published on the Contractor's web server at https://www.nic.ru/about/servpol.html.

2.11.2. Independently bear the risk of potential unfavorable consequences he may have in relation to loss and (or) disclosure by the User of the password selected and the form number.

2.11.3. In timely manner provide reliable information for the purpose of this Agreement fulfillment.

2.12. The description of the resources and services provided by the User in Trial Hosting is published at http://www.hosting.nic.ru/testhost.shtml.

3. Order of Trial Hosting Service. Order Fulfillment

3.1. To obtain the Trial Hosting Service the User shall generate order on Contractor's website www.nic.ru or hosting.nic.ru. For generating Trial Hosting order the Customer shall independently select service settings.

3.2. Trial Hosting is provided for a period of 14 calendar days. Trial Hosting period is calculated from the Contractor's resources setup moment to operate as a Contractor's virtual web server and virtual mail server in accordance with the Trial Hosting Settings indicated on the Contractor's website, and submission of the Contractor's notification to the User via email to the addresses specified by the User.

3.3. If the User meets the provisions set forth in clauses 2.3, 2.4 hereinabove the Contractor shall grant for the User trial access to its resources and services.

3.4. The User may cancel order on the Contractor's web server in "Manage your account" panel ("Orders" → "Processing queue, order removal") before order fulfillment date.

3.5. If the User has not transferred to the Full-Scale Hosting, the access will be terminated upon Trial Hosting period expiry.

All information on the User's virtual web server and mail server will be deleted permanently.

3.6. Settings

3.6.1. When providing Hosting Trial Service the Contractor shall make the following settings, which may be changed by the User in the Hosting Control Panel:

  • distribute 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 User's resources. The User can re-distribute hard drive space according to his needs using Control panel;
  • region for location of the plan as per the description given on page http://hosting.nic.ru/testhost.shtml.

4. Full-Scale Hosting Transfer

4.1. On the Trial Hosting Service delivery day the Contractor automatically places Order for Full-Scale Hosting transfer upon Trial Hosting period expiry. In this case the below settings are established for Full-Scale Hosting will be configured with the settings made in accordance with the Trial Hosting settings introduced by the User (Trial Hosting description is given on page https://www.nic.ru/dns/service/hosting/test_hosting.html) and one month's service validity period.

4.2. To transfer to Full-Scale Hosting with the service settings indicated in clause 4.1. hereinabove, the User will be required to acknowledge transfer to Full-Scale Hosting in "Manage your Account" ("Services" → "Renew Services").

4.3. To transfer to Full-Scale Hosting with the service settings other than those indicated in clause 4.1. hereinabove, the User will be required to select the appropriate plan and renewal period in "Manage your Account" ("Renew Services" → "Hosting and mail").

4.4. Transfer to to Full-Scale Hosting may be effected within each day of the Trial Period, provided the User has on its personal account the amount sufficient to cover the service.

4.5. From the moment of User transfer to Full-Scale Hosting the Service Agreement shall be deemed concluded by and between and Contractor and the User in a manner specified by clause 1.3.2 of the Agreement. The text of the Agreement is available on the Contractor.s website at: https://www.nic.ru/. From this moment this Agreement ceases to be effective, and the Parties' relations are regulated by the Service Agreement and Hosting Schedule (Schedule 1/10).

5. Specific Terms

5.1. If the User breaches the obligations set by this Schedule, or other cases stipulated by the Schedule, the Contractor is entitled to block User's access to the Contractor's resources and services fully or partially, and the User will be notified thereof at the e-mail addresses specified in the form, the Service Agreement or this Trial Hosting Agreement.

5.2. The Contractor is also entitled to terminate Trial Hosting Service at its sole discretion in case of Trial Hosting abuse by the latter, including, but not limited to the cases of using Trial Hosting for the purposes not envisaged by this Agreement.

5.3. In case a queried page from the User'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 User'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 A greement. The User can at any time within the trial hosting service term choose another page for redirection or simply cancel it in the Hosting Control Panel.

6. Software Functioning

6.1. The Contractor does not guarantee compatibility of the software, provided within the Trial Hosting, with the software, engineered by the User or third parties. Such software may be installed and utilized by the User without any guarantees from the Contractor's party.

6.2. The Contractor is entitled to block functioning of the software installed by the User in case its usage causes or may cause breaching the terms of this Agreement.

6.3. The Contractor does not guarantee functioning of the software provided under the Trial Hosting in case the User makes changes in it not authorized by the Contractor.

7. User's Data Distribution Restrictions

7.1. The User has no right to use the virtual web server and/or virtual mail sever with the purpose of implementing activity prohibited 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. In this case the Contractor is entitled to estimate User'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 website at https://www.nic.ru/dns/service/hosting/moral_standards.html

7.2. Spam Restrictions

The User 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 User take any actions listed below:

a) 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, in this case open publication of the address cannot be considered an agreement);
b) distribution of software for technical implementation of the following activities:

  • posting in any digital 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.
  • 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.
  • 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
  • publication of data intended to manipulate search results in search engines.

7.3. The User is not allowed to use his own or granted information resources (mailboxes, e-mail addresses, webpage addresses etc.) as his contacts in the process of performing any activities, described in clause 7.2, regardless of the Internet point where these activities were performed from.

7.4. In case the events specified in clauses 7.1, 7.2 and 7.3 occur, the Contractor, according to the clause 5.1 hereinabove, is entitled to block the User's virtual mail server and/or virtual web server on a permanent basis by giving a single notification to the User by e-mail.

7.5. The Contractor does not perform any kind of preliminary contents check of the websites created and supported by the User, however, the Contractor is entitled to block Hosting services, after an appropriate notification to the User, for the period at the discretion of the Contractor in case of negative comments and complaints from third parties whose rights are breached as a result of the User's corresponding activity.

7.6. In case of obvious breach by the User of the Russian Federation law from the Contractor's point of view, service provision to him may be suspended without a preliminary warning from the Contractor's party.

7.7. Should the Contractor receive messages (complaints) on spam dissemination from any Internet access point, containing User's data resource advertisements, the Contractor is entitled to enforce penalties for the User provided by clause 5.1 hereinabove. The User 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.

8. Information Safety and Data Integrity Support

8.1. The Contractor is entitled to undertake appropriate security measures in order to prevent unauthorized access to its data and computing resources and network resources with the purpose of User's information protection.

8.2. The User, 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) malfunctioning of the hardware and networks not belonging to the User;
b) unauthorized access to data and computing resources and network resources, not belonging to the User;
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 User, without agreement with their owners;
f) scanning of data-computing and network resources, not belonging to the User.

8.3. In case the events specified in clause 8.2 occur, the Contractor, according to the clause 5.1 hereinabove, is entitled to block the User's virtual mail server and/or virtual web server on a permanent basis by giving a single notification to the User by e-mail.

8.4. User's virtual web server and/or virtual mail server functioning may be put on hold by the Contractor without prior notification of the User in cases which caused or may cause, at the Contractor's opinion, disruption or threat of disruption of the Contractor's services system functioning.

9. Force majeure

9.1. Parties shall be relieved from their liability in case of failure to fulfill their obligations hereunder, in part or fully, if such failure was caused by force majeure circumstances, which commenced after Agreement execution.

9.2. The Parties shall qualify such circumstances as those including: Acts of God, natural calamities and man-caused catastrophes, acts of terrorism, hostilities, civil unrest, official state authorities or local self-governing bodies passing acts containing bans or limitations in respect of Parties' performance under this Agreement, other circumstances, which could not and could not have been anticipated or avoided by the Parties and which make Parties' performance of obligations under this Agreement impossible.

9.3. A Party desirous to be relieved from liability shall promptly and no later than 3 (three) business days inform the other Party of such circumstances. Late notice of force majeure circumstances commencement shall divest such Party of its right to have a relief from liability.

9.4. Upon commencement of force majeure circumstances which prevent the Parties from performing their obligations hereunder, the time period for Parties' performing such obligations shall be extended proportionally to the time of such circumstances duration as well as time required to remedy their consequences, however not exceeding 60 (sixty) calendar days. In case of force majeure circumstances lasting after the above-mentioned time or when upon their commencement it becomes obvious to both the Parties that such circumstances shall continue over this time, then Parties undertake to discuss any possibilities of applying alternative ways of fulfilling this Agreement or its termination.

10. Effective term of agreement

10.1. This Agreement shall come into force on its conclusion date (using options listed in the preamble hereto) and ceases to be effective since User's transfer to Full-Scale Hosting or upon Trial Hosting expiry moment in case of User's refusal to transfer to Full-Scale Hosting.

10.2. This Agreement may be terminated:

10.2.1. Under either Party's initiative:

a) if either Party is called insolvent (bankrupt);
b) in case provided for by clause 9.4 hereunder.

10.2.2. Upon Contractor's request:

a) in case of User's breach of the terms of this Agreement;
b) in case of User's taking technical or other actions not envisaged by this Agreement, not authorized by the Contractor, which caused or may cause damage to be incurred by Contractor or any third persons.

10.2.3. Upon User's initiative at any moment.

10.2.4. By the Parties' written agreement.

10.2.5. Subject to clause 2.9, 4.5. hereinabove.

11. Confidentiality and Miscellaneous

11.1. Throughout the term of this Agreement and three (3) years after its termination, all information received by the Parties from each other with respect to fulfilment of their agreement obligations will be confidential and cannot be disclosed by either Party to any third parties without prior consent of the other Party.

11.2. The provision set out in clause 11.1 hereunder is not applicable to:

a) information that may be requested by competent authorities in the manner prescribed by the Russian legislation;
b) information that is subject to disclosure by a legitimate court order.

11.3. The disclosure of information to any third parties with respect to signing hereof does not require such an agreement.

11.4. Law governing Parties' relationship hereunder shall be Russian Federation Law.

11.5. All and any disputes arising out of or in connection with this Agreement including its performance, breach, termination or invalidity shall be referred to the Court of Moscow for judgement.

11.6. All and any disputes shall only be settled based on claims presentation. Time to respond to a claim shall be established as 10 (ten) calendar days of the date such claim was received.

11.8. Any changes or modifications may only be made in the text of this Agreement subject to procedure specified by this Agreement.

11.9. The Contractor hereby guarantees to use any information received from the User, including User's personal data solely for the purposes of Agreement performance.

11.10. The User agrees that information provided to the Contractor through filling out applications, other documents, including those executed in electronic form by User's posting such information in the specified documents sections bearing service mark "nonexclusive information", will be placed by the Contractor in search tools (services) and it shall be made available to unlimited number of persons. The list of data, which is obligatory for placement and is placed upon User's consent is given in the contract form, agreement and other documents available at Contractor's web server.

11.11. Trial Hosting Service provided to the User through the Contractor's web server https://www.nic.ru will be delivered upon User's authentication - verification of User's rights by the Contractor to enter the relevant information and take actions stipulated herein.

Unless otherwise specified by the regulatory legal acts or Parties' agreement authentication for the service delivery will be provided by the Contractor against User's form number and passwords (administrative or technical) chosen by the User during completion of the contract form.

The User may use the administrative password to enter the "Manage your account" panel, technical password is applied by the User for making changes in the services settings.

11.12. The authorization is made each time the User addresses the "Manage your account" panel on Contractor's web server https://www.nic.ru. Upon User's session expiry, the "Manage your account" panel may only be re-entered through a repeated authorization.

11.13. The use of the agreement number and passwords by the User to enter the "Manage your account" panel on the Contractor's web server https://www.nic.ru shall constitute an analogue of a User's handwritten signature.

11.14. The use of the User's agreement and password is similar, from the legal viewpoint, to handwritten signatures under the applicable RF legislation.

11.15. All actions on the Contractor's web server https://www.nic.ru under the User's contract number and password shall be deemed personally undertaken by the User.

12. Contacts and banking details of the Parties

Contractor:
Full name of the company: Joint Stock Company "Regional Network Information Center"
INN: 7733573894
Legal address: 2/1, 3d Khoroshevskaya str., Moscow, 123308, Russian Federation
Postal address: RU-CENTER, 2/1, 3d Khoroshevskaya str., Moscow, 123308, Russian Federation
Office address: 74/4 Leningradsky prospekt, Moscow, 125315, Russian Federation
Phone: (495) 994-4601
Fax: (495) 737-0602
E-mai: ru-ncc@nic.ru
WWW: https://www.nic.ru

User:
Surname, Name, Patronymic:
 
Passport (series and number, issue details and registration place):
Postal address (for contacts):
Phone:
Fax:
E-mail:

For and On behalf of Contractor: For and On behalf of User:
General Director of JSC "RU-CENTER"
 
________________/ N.P. Molibog/ _____________/____________/
( ________________________
by Power of Attorney No___ )
Write: Date of Agreement Execution:
" ____"_____________ 20 ____
stamp here stamp here

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