Trial Website Builder Agreement

Trial Website Builder 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 Website Builder Trial Service under this Agreement, Consent to Personal Data Processing (Appendix A) incorporated hereto, and the User undertakes to accept Website Builder Trial 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 Website Builder Trial Service; the acceptance of this offer in this case will be duly submitted application for the Website Builder Trial 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 Website Builder Trial Service.

Website Builder Trial Service - the Contractor's resources setting, which enable the Customer editing and publishing Customer's website on the Net to try Website Builder Service.

Trial Period - validity period of the Website Builder Trial Service.

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

Full-Scale Website Builder - providing website builder service under the Website Builder Service (Schedule 1/24 to the Service Agreement).

Website - information in its entirety, presented as one or more web pages 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.

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 service 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 service settings. Subdomain can be used by the Customer for a website name and/or as a part of electronic mail addresses (user@host.domain).

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

Control panel - web-interface provided by the Contractor to the Customer to manage Customer's website.

Personal Account - information in its entirety regarding User's payments to the Contractor and the services utilized by the User provided by the Contractor. The funds transferred by the User are registered on his personal account after the funds are debited into the Contractor's checking account, provided that the Contractor receives from the bank confirming payment documents, which identify the payment.

2. General Terms

2.1. The Contractor is operating under and in accordance with the licenses:

  • No-91877 dated  27.12.2011 for the provision of telematic services of telecommunications in general use No-91877 dated 27.12.2011.
  • Nо-0917 dated 20.09.2011 for development and/or production of tools for protection of confidential information;
  • Nо-1594 dated 20.09.2011 issued by the Federal Agency of Technical and Export Control for technical protection of confidential information.

2.2. Any applicant who fulfilled the terms established hereunder may use Website Builder Trial Service.

2.3. Trial Website Builder 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 Website Builder Trial 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. The request is sent to the User at his e-mail contact address. If the previously provided information is not confirmed, and/or additional information is not provided within the term specified by the Contractor in the respective request, the Contractor may:

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

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 Website Builder Service 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 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 considered to be electronic mail with contact address details specifically mentioned for this purpose herein. In the event of contact address changes at 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 and the Addenda hereto 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 immediately from the publication date.

2.9. Website Builder Trial Service from the modifications enactment date will be provided to the User with consideration of the introduced modifications.

2.10 The User shall:

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

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

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

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

3. Order of Website Builder Trial Service. Order Fulfillment

To obtain Trial Website Builder the User shall generate order on Contractor's website www.nic.ru or www.hosting.nic.ru.

3.2. Trial Website Builder is provided for a period of 14 calendar days. Website Builder trial period is calculated from the Contractor's resources setup moment to enable editing and publishing Contractor's website in accordance with the Trial Website Builder 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") before order fulfillment date.

3.5. If the User has not transferred to the Full-Scale Website Builder, the access will be terminated upon expiry of the Website Builder trial period.

The User's website will be permanently deleted.

4. Transfer to Full-Scale Website Builder

4.1. On the day the Website Builder Trial Service is provided to the User, the Contractor automatically places Order for transfer to Full-Scale Website Builder upon expiry of the Website Builder trial period. In this case the below settings are established for Full-Scale Website Builder: Website Builder is provided under the "Business" plan with service validity period of 1 month.

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

4.3. To transfer to Full-Scale Website Builder 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" panel → "Renew Services".

4.4. Transfer to to Full-Scale Website Builder 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 Website Builder the Service Agreement shall be deemed concluded by and between the Contractor and the User in a manner specified by clause 1.3.2 of the Agreement. From this moment this Agreement ceases to be effective, and the Parties' relations are regulated by the Service Agreement and Website Builder Schedule (Schedule 1/24).

5. Specific Terms

5.1. In case the Customer breaches the liabilities set forth hereunder, or other cases stipulated by the Schedule, the Contractor is entitled to block the service fully or partially, submitting a due notification about it to the Customer at the e-mail addresses specified in the Service Agreement.

5.2 Service blocking is regarded as total or partial cessation of Customer's access to the website, with possible redirection of queries from Customer's websites' visitors to the Contractor's service page containing the appropriate information, total or partial cessation of Customer's access to a website, other services and resources, provided to the Customer within the service.

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

5.3. In case a queried page from the User's website 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 website and will display other Contractor's or third party's materials, which materials will not be contrary to the laws in effect in the Russian Federation and to the provisions hereunder. The User can at any time within the Website Builder Trial Period choose another page for redirection or simply cancel it in the control panel.

6. User's Data Distribution Restrictions

6.1. The User shall not use the website for the activities prohibited by RF legislation, including distribution and advertisement of pornographic materials, calls for violence, carrying out of extremist activities, overthrow of power, etc., as well activities adverse to the public interests, principles of humanity and morality, defamatory to human dignity or religious convictions, etc. Otherwise, the Contractor is entitled to make an individual judgment regarding the Owner's activities with respect to law violation, including the cases when definition of such activities is not formalized in legislation. Definition of pornographic materials is published on the website at https://www.nic.ru/dns/service/hosting/moral_standards.html
6.2. Spam Restrictions

The User may not use website (including search engine) for spamming or taking actions favoring its dissemination. Neither may the User take any actions listed below:

a) mass distribution of messages sent without prior agreement with the receiving party by means of e-mail and other means of personal information exchange; mass distribution is regarded as both distribution to multiple recipients and multiple distribution to one recipient;
b) distribution without prior agreement with the receiving party of electronic letters and other messages of promotional, commercial or agitation nature, and the letters, containing information, harmful to public interests, humanitarian and moral principles (such as profane language, appeals for violence, subversive extremist activity, calls for overthrowing of the government, anti-humanitarian calls insulting human dignity or religious feelings, etc.);
c) distribution of e-mail addresses or other message delivery services databases (except for the cases when owners of all addresses included in such a database explicitly expressed their consent for inclusion of addresses in this database and distribution of the database, at that open publication of the address cannot be considered an agreement);
d) distribution of software for technical implementation of the activities, described in the subparagraphs (a,b,c,) of the current paragraph;
e) distribution of messages not meeting the following requirements:
- electronic mail address may be included in the distribution addresses list only at the address owner's will;
- electronic mail address has to be expelled from distribution addresses list at the address owner's will without any difficulties for it.
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.

6.3 The User 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 7.2, regardless of the Internet point where these activities were performed.

6.4. 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 website on a permanent basis by giving a single notification to the User by e-mail.

6.5. The User 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 the service, 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.

6.6. 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.

6.7. 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.

7. Information Safety and Data Integrity Support

7.1. 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.

7.2. The Customer, in the process of using the website 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.

7.3. 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 website on a permanent basis by giving a single notification to the User by e-mail.

7.4. Customer's website functioning may be put on hold by the Contractor without prior notification of the Customer in cases which caused or can cause, in the Contractor's opinion, disruption or threat of disruption of the Contractor's services system functioning.

8. Force Majeure circumstances

8.1 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.

8.2. 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.

8.3. 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.

8.4. 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.

9. Effective term of agreement

9.1. This Agreement shall come into force on its conclusion date and ceases to be effective since User's transfer to Full-Scale Website Builder or upon Trial Website Builder expiry moment in case of User's refusal to transfer to Full-Scale Website Builder.

9.2. This Agreement may be terminated:

9.2.1. At either Party's initiative:

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

9.2.2. 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.
c) if the User sent to Contractor the recall of his consent to process the personal data (Addendum A), made in a simple written form.

9.2.3. At User's initiative at any moment.

9.2.4. By the Parties' written agreement.

9.2.5. Subject to clause 2.9, 4.5. hereinabove.

10. Confidentiality and Miscellaneous

10.1. 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 fulfillment 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.

10.2. 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.

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

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

10.5. 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 judgment.

10.6. 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.

10.7. Any changes or modifications may only be made in this Agreement subject to procedure specified by this Agreement.

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

10.9. 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.

10.10. Website Builder Trial 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.

10.11. 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.

10.12. 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.

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

10.14. 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.

11. Contacts and banking details of the Parties

Contractor:

Full name of the company: Joint Stock Company "Regional Network Information Center"
INN / KPP codes: 7733573894 / 773401001
Postal address: RU-CENTER, 2/1, 3d Khoroshevskaya str., Moscow, 123308, Russian Federation
JSC RU-CENTER, attn: N.P. Molibog
Office address: 74/4 Leningradsky prospekt, Moscow, 125315, Russian Federation
Phone: (495) 737-0601
Fax: (495) 737-0602
E-mail: ru-ncc@nic.ru
WWW: https://www.nic.ru
Banking details:
Name of bank: Sberbank of the Russian Federation (Moscow),Moscow Bank of Sberbank of Russia
Current account: 40702810138170109111
BIC: 044525225
Correspondent account: 30101810400000000225
Banking details:
Banking details: For those who chose to pay in Russian rubles
Bank name: Sberbank of the Russian Federation (Moscow), Moscow Bank of Sberbank of Russia Current account: 40702810138170109111
BIC code: 044525225
Correspondent account: 30101810400000000225

For those who chose to pay in US dollars:
Beneficiary bank
Name: SBERBANK, MOSCOW, (HEAD OFFICE-ALL RUSSIAN OFFICES AND BRANCHES)
Address: Moscow, Russia
SWIFT: SABR RU MM

Correspondent bank of Beneficiary Bank
Name: Bank of New York
Address: New York, NY, USA
SWIFT: IRVT US 3N
Account of Savings bank of Russian
Federation with correspondent bank: 890-0057-610

Beneficiary customer
Name: JSC "RU-CENTER"

Address: 2/1, 3d Khoroshevskaya str., Moscow, 123308, Russian Federation
Beneficiary account: 40702840438170109111

User:

Surname, Name, Patronymic:
INN/ KPP/Passport:
Legal address:
Postal address:
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___ )
Date of Agreement Execution in writing:
"___" __________   20____
stamp here stamp here

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