|
Schedule 1/31
to Service Agreement Effective July 20, 2016 |
Contractor - Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Customer — an individual or legal entity that applied to the Contractor for the VDS service (virtual dedicated server provisioning).
Virtual dedicated server provisioning service (VDS service) - Contractor's resources settings, which enable their work as Customer's virtual dedicated server. The VDS service is provided by the Contractor to the Customer on the basis of this Schedule in compliance with the service settings chosen by the Customer. The VDS service is identified by a unique alphabetical and numerical character string - VDS service identifier (ID), which is chosen by the Customer in the process of ordering the service and cannot be changed during the service validity term.
VDS service validity term – a time frame within which the resource settings made by the Contractor, which enable their work as Customer's virtual web server, are valid. The term of the service validity is chosen by the Customer from the list specified by the Contractor in process of ordering or renewing the service. The Service validity term may be renewed at Customer's sole discretion under the procedure set by this Schedule and Addendum 4 to the Service Agreement.
Plan - a set of resources and services within the VDS service provided to the Customer by the Contractor, as well as their qualitative and quantitative features.
Service settings - plan, validity term and additional settings.
Virtual dedicated server - a virtual machine (software package) that emulates a separate physical server.
VDS control panel / control panel - a web interface, provided by the Contractor to the Customer to manage virtual dedicated server. Access to the Control panel is made on the Contractor's web server www.nic.ru in the "Manage your account" panel.
Virtual machine snapshots - virtual machine snapshots capture the state, data, and hardware configuration of a running virtual machine.
Personal account of a Customer's Agreement - aggregate records 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 is credited to his Agreement’s Personal account after the money has been credited to the Contractor's bank account, provided that the Contractor has received from the bank a document identifying the payment. In the process of providing the service to the Customer (or renewing the service) the money is debited from his Agreement's Personal account according to the procedure set forth in the Addendum 4 to the Service Agreement.
Money allocation on the Customer's Personal account - reservation of a sum of money on the Customer's Personal account for its further withdrawal for the service delivery or renewal. The money allocated for the service delivery or renewal may not be used for other services payment.
Electronic payment system - a system represented by software and hardware infrastructure, providing informational and technological cooperation between the participants of the system for the financial transactions between the Customer and the Contractor via Internet.
Note. The terms not covered by this Schedule are specified in the document "Hosting Schedule" (Schedule 1/10 to the Service Agreement).
2.1. The Contractor is operating in accordance with the laws of the Russian Federation and the provisions of this Schedule.
2.2. All data submitted by the Customer in the process of registration in the Contractor's database shall be true and up-to-date. If the Customer submits false or outdated data, the Contractor is entitled to refuse providing services to the Customer.
2.3. If the Contractor doubts that data provided by the Customer is true or up-to-date, the Contractor shall be entitled to request for additional data and (or) the confirmation of the provided data within the agreement validity period. Request is sent to the Customer to his e-mail contact address. If the Customer 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) cancel the Customer's order for a new service;
b) suspend Customer's services (block the VDS service in accordance with the section 6.1 hereinbelow);
c) cancel the Customer's order for the VDS service renewal.
All specified restrictions may be lifted within 3 (three) business days since the Customer provides requested information.
If the required information is not submitted within 30 (thirty) calendar days since the time the Contractor sends the first request, Customer's services may be cancelled.
2.4. 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 ("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 published on the Contractor's web server at https://www.nic.ru/dns/reglaments/en/rules_petition.html ("Policy for Reviewing Complaints").
The Customer agrees that it may be affected by the consequences of actions undertaken by the Contractor in accordance with the above-mentioned documents, including for prevention of negative consequences of the third parties' actions interfering with the Contractor's system of services. The Contractor in its activities shall be guided by the provisions of the Terms of Use and Policy for Reviewing Complaints, and shall guarantee the Customer minimization of such negative consequences.
2.5. Order for the VDS service shall be deemed as Customer's consent to pay for the service at the prices valid on the date the order execution is started.
2.5.1. In case of VDS services provisioning to the Customer with the use of the licensed software the license fee is deemed to be included in the prices of Contractor’s services on the date the order execution is started.
2.6. VDS service shall be deemed provided to the Customer after the Contractor's resources are set up to work as Customer's virtual dedicated server according to the service settings 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.
2.7. Descriptions of the available parameters and VDS service plans are published on the Contractor's web server.
2.8. The Contractor shall render only technically feasible services to 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 before the Customer for non-performance or poor quality performance of services, if these occur through its own fault.
2.9. 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 poor quality or non-delivery of services (including due to suspension of services in accordance with the terms of this Schedule). If the Customer has a documentary proof of any direct damage incurred by it, 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.
2.10. In case of VDS service cancellation prior to its expiration date fees paid by the Customer for the service are not refunded.
2.11. The Customer may shut down the virtual dedicated server provided within VDS service via the VDS control panel. If the virtual dedicated server is shut down by the Customer without further switching-on, the term of the VDS service will remain unchanged and fees will not be refunded.
3. Customer's Access to the VDS Control Panel
3.1. After the VDS service is provided, the Contractor gives the Customer an access to the Customer's virtual dedicated server Control panel.
Access to the Control panel is provided to the Customer through its password, which was received during the registration on the Contractor's resources, and implemented on the Contractor's web server in "Manage your account" panel.
4.1. Order for the VDS service renewal is automatically generated by the Contractor 14 (fourteen) calendar days before the service expiration date.
4.2. The Contractor, no later than 14 (fourteen) calendar days before the VDS service expiration date, sends to the Customer a service renewal notice. Notices are sent to the Customer’s contact e-mail address.
4.3. If the VDS service is not renewed by the Customer, the Contractor performs total VDS service blocking according to the terms of the section 6.1 hereinbelow after the service expires.
If the Customer renews the VDS service within 30 (thirty) calendar days after the service expires, the Contractor resumes the service within 1 (one) business day after payment for renewal is credited to the Customer's Agreement Personal account. In such case VDS service validity term for the next period is calculated from the date of the service renewal.
4.4. If the VDS service is not renewed by the Customer within 30 (thirty) calendar days after the service expires, when the specified period of time expires the Contractor removes Customer's virtual dedicated server, furthermore any information and settings maintained by the Customer on this virtual dedicated server are irrevocably deleted and may not be recovered. Besides, when the specified period of time expires, IPv4 addresses allocated to the Customer as part of the VDS service may be used by the Contractor at its sole discretion, including for the provision of other services to Contractor's customers.
4.5. If the Customer failed to set in the service renewal order the VDS service settings for the next period (pursuant to section 5 hereinbelow), this service, if renewed, will be rendered in compliance with the settings valid at the moment of its renewal.
5. Changing VDS Service Parameters
5.1. VDS service validity term may be changed only when the service is renewed. In order to change it the Customer shall specify another service validity term for the next period in the renewal order at any time before the service is renewed. Such VDS service validity term is valid for the next period of service provisioning. The settings are made by the Customer on the Contractor's web server in "Manage your account" panel ("Services", link "Services renewal").
5.2. Plan Change within VDS Service Validity Term
5.2.1. Not later than 3 (three) days before the service term of validity the VDS plan may be changed only for a higher price plan (Upgrade), and the service term of validity does not change.
5.2.2. Plan change within the service validity term is made by ordering the service "Plan change", which is made by the Customer on the Contractor's web server in "Manage your account" panel:
- choose the option "Review and update data" in the "Services" menu;
- find the required VDS service,
- click the link "Change" opposite the "Current plan" field;
- make the appropriate changes;
- save the changes.
5.2.3 The cost of "Plan change" service is determined according to the formula:
C=(С2-С1)/Т*t
where
C - cost of "Plan change" service
С1 - service fee under the previous plan for the VDS service delivery term
С2 - service fee under the new plan for the VDS service delivery term
Т - VDS service delivery term
t – a period of time from the day when "Plan change" service was provided (including the day when the service was provided) to the date when VDS service expires.
If at the time of "Plan change" service order there is not enough money available on the Customer's Agreement Personal account to cover the service, cost of "Plan change" service will be recalculated every day according to the formula, described in this section, until the moment the money on the Customer's Agreement Personal account will be sufficient to cover the service, and "Plan change" service will be provided to the Customer.
5.2.4. The Customer may cancel the order for "Plan change"service on the Contractor's web server, in "Manage your account" panel ("Orders") prior to the beginning of such order implementation.
5.2.5. Orders for "Plan change" service, not executed before the VDS service is still valid, are cancelled by the Contractor.
5.2.6. After "Plan change" service is provided, the Contractor automatically sets the plan for the next period, valid after "Plan change" service delivery, in the order for the VDS service renewal. The Customer may set another plan in the order for the VDS service renewal, according to the section 5.3 hereinbelow.
5.3. Plan change for the VDS Service Renewal for the Next Period
5.3.1. In order to change the plan in the process of renewing VDS service the Customer shall specify a new plan for the next period in the order for service renewal at any time before the service is renewed. Settings are made by the Customer on the Contractor's web server in "Manage your account" panel.
5.3.2. In case the plan is changed for a higher priced plan the Contractor, if necessary, sends an e-mail message to the Customer with the service information after the order implementation. This information is available in the Control panel as well.
5.4. Additional IPv4 Address Enabling
5.4.1. Additional IPv4 address may be ordered either within the VDS service validity period or when the service is being renewed for the next period. For each VDS service the Customer may order no more than two (2) additional IPv4 addresses.
5.5. Additional IPv4 Enabling within the VDS Service Validity Term
5.5.1. Within the VDS service validity term the Customer may enable an additional IPv4 address, in this case the VDS service validity term does not change.
5.5.2. Additional IPv4 enabling within the VDS service validity term is made by changing VDS service settings, which are made by the Customer on the Contractor's web server, in "Manage your account" panel.
5.5.3. The cost of the VDS service with an additional IPv4 address(es) is determined according to the formula:
C=(С2-С1)/Т*t
where
C - a total cost of the VDS service with additional IPv4 address(es)
С1 - a service fee under the plan without an additional IPv4 address for the VDS service validity term
С2 - a service fee under the plan with an additional IPv4 address for the VDS service validity term;
Т - VDS service validity term
t - a period of time from the day when an additional IPv4 address was enabled (including the day when the service was provided) to the date when the VDS service expires.
5.5.4. If at the time of additional IPv4 address enabling there is not enough money available on the Customer's Agreement Personal account to cover the service, the cost of the service will be recalculated every day according to the formula, described in section 5.5.3 hereinabove, until the moment the money on the Customer's Agreement Personal account will be sufficient to cover the service, and the service will be provided to the Customer.
5.5.5. The Customer may cancel an order for the additional IPv4 address on the Contractor's web server, in "Manage your account" panel ("Orders") prior to the beginning of order implementation.
5.5.6. Orders for additional IPv4 addresses not executed before the VDS service is still valid, are cancelled by the Contractor.
5.5.7. After additional IPv4 address enabling the Contractor automatically sets in the renewal order the VDS service with additional IPv4 address(es).
5.6. Additional IPv4 Address Disabling for VDS Service Renewal for the Next Period
5.6.1. In order to disable an additional IPv4 address in the process of renewing the VDS service the Customer shall specify a number of additional IPv4 addresses for the next period in the order for service renewal at any time before the service is renewed. The settings are made by the Customer on the Contractor's web server in "Manage your account" panel ("Services", link "Services renewal").
5.7. Additional IPv4 address disabling is only possible when renewing the VDS service.
6.1. If the Customer breaches the liabilities set forth hereunder or in the Agreement as well as in other cases stipulated hereunder, the Contractor is entitled to block the VDS service fully or partially, and the Customer is being informed about it at the e-mail addresses. When the VDS service is blocked, the service validity term is not changed and money is not refunded to the Customer.
VDS service blocking is defined as complete or partial termination of Customer's access to the virtual dedicated server provided to him via the Internet, as well as virtual dedicated server disabling.
6.2. For each plan available not more than 2 (two) of the virtual machine snapshots. Virtual machine snapshots will be automatically deleted after 14 (fourteen) calendar days after creation.
7.1. The Contractor does not guarantee compatibility of the software, provided within the VDS service, with the software, engineered by the Customer or third parties (hereinafter referred to as the "Customer's software"). Customer's software may be installed and used by the Customer on the virtual dedicated server without any guarantees from the Contractor's party.
7.2. The Contractor is entitled to block functioning of the software, installed by the Customer, in case its usage causes or may cause breaches of the terms hereunder.
7.3. VDS services may be provided to the Customer with the use of licensed software (hereinafter - the "Products"). By using the Products Customer agrees with the following terms and conditions and undertakes the following obligations:
a. The Customer is forbidden to remove, modify or hide any trademarks, copyright notices or other proprietary rights notices contained in the Products;
b. The Customer is forbidden to investigate technology of, decompile or disassemble the Products, except and only to the extent expressly permitted by applicable law;
c. The Rightsholder of the licensed software is entitled to verify the Customer’s compliance with the abovementioned terms and conditions; to ensure that the Contractor is entitled to disclose to this Rightsholder information about Customer's use of the Products;
d. The Rightsholder of the licensed software disclaims any warranties and liabilities of the Rightsholder or its providers related to any damage (direct, indirect or consequential) arising out of the use of the Products;
e. The Customer is guaranteed technical support regarding the Products (not from the Rightsholder and its providers).
8. Customer's Data Distribution Restrictions
8.1. The Customer shall not use a virtual dedicated server 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. The definition of pornographic materials is published on the website at https://www.nic.ru/dns/service/hosting/en/moral_standards.html.
8.2. Spam Restrictions:
The Customer may not use a virtual dedicated server (including search engine) for spamming or taking actions favoring its dissemination. Neither may the Customer take any actions listed below:
a) mass distribution of messages sent without prior agreement with the receiving party by means of e-mail and other means of personal information exchange; mass distribution is regarded as both distribution to multiple recipients and multiple distribution to one recipient;
b) distribution without prior agreement with the receiving party of electronic letters and other messages of promotional, commercial or agitation nature, and the letters, containing information, harmful to public interests, humanitarian and moral principles (such as profane language, appeals for violence, subversive extremist activity, calls for overthrowing of the government, anti-humanitarian calls insulting human dignity or religious feelings, etc.);
c) distribution of e-mail addresses or other message delivery services databases (except for the cases when owners of all addresses included in such a database explicitly expressed their consent for inclusion of addresses in this database and distribution of the database, in this case open publication of the address shall not be deemed as such consent);
d) distribution of software for technical implementation of the activities, described in the subsections (a,b,c,) hereinabove;
e) distribution of messages which do not meet 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 electronic conference messages irrelevant to the content of this 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.
8.3. The Customer is not allowed to use his own or granted information resources (mailboxes, e-mail addresses, web pages, etc.) as his contacts in the process of performing any activities, described in section 7.2 hereinabove, regardless of the Internet connection point, these activities were performed from.
8.4. The Contractor, on its part, guarantees keeping the confidentiality of the Customer's mail and does not perform any kind of preliminary contents check of the websites, created and supported by the Customer by means of the VDS service. However, in case of negative comments and complaints from third parties whose rights are violated as a result of the Customer's corresponding activity, the Contractor is entitled to perform VDS service blocking for the duration at the Contractor’s sole discretion after sending an appropriate notification to the Customer.
8.5. In case of obvious violation by the Customer of the applicable RF legislation, as reasonably deemed by the Contractor, service delivery to him may be stopped without a preliminary warning from the Contractor's party.
8.6. Should the Contractor receive messages (claims) 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 section 6.1 hereinabove. The Contractor 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.
8.7. The Customer shall not use the virtual server for distribution of any materials containing third-party intellectual property and/or any means of individualization equated to such intellectual property without the consent of the rightsholders of such materials or any other legal basis.
8.8. Should the Contractor receive complaints/messages/claims from the owners of exclusive rights to intellectual property and/or any means of individualization equated to such intellectual property against the Customer's actions specified in Clause 8.7 hereof, the Contractor shall be entitled to enforce penalties for the Customer , as stipulated in Clause 6.1. hereof.
8.9. If any complaints and/or claims are made against the Contractor by third parties (owners of exclusive rights to intellectual property and/or any means of individualization equated to such intellectual property) for the unauthorized use of intellectual property and/or any means of individualization equated to such intellectual property in relation to the performance of obligations under the Agreement and placement of the Customer's materials, the Customer shall settle all complaints at its own expense and using its own resources and/or join the litigation on the side the Contractor, as well as reimburse the Contractor in full for any incurred losses, including legal fees related to the said complaints and/or claims.
8.10. In case of events specified in Clauses 8.1., 8.2., 8.3., and 8.8. hereof, the Contractor shall be entitled, in accordance with Clause 6.1 hereof, to suspend the Customer's virtual dedicated server, with a one-time notice to the Customer via e-mail. Virtual dedicated server functioning may be resumed after the Customer rectifies the violation and addresses the Contractor via e-mail or control panel.
9. Information Safety and Data Integrity Support
9.1. The Contractor is entitled 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.
9.2. The Customer, in the process of using the virtual dedicated 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) any damages or their threat 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 their owners’ consent
f) scanning of data-computing and network resources, not belonging to the Customer.
9.3. On occurrence of the events specified in section 9.2 hereinabove, the Contractor, according to section 6.1 hereinabove, is entitled to block the Customer's virtual dedicated server by giving the Customer a single e-mail notice about it. Virtual dedicated server functioning may be resumed after the Customer takes a remedy action and sends the Contractor an e-mail notice.
9.4. Customer's virtual dedicated server functioning may be suspended by the Contractor without prior notification of the Customer in cases which caused or may cause, as reasonably deemed by the Contractor, disruption or its threat of the Contractor's services system functioning.
10. Complaints from the owners of exclusive rights to intellectual property and/or any means of individualization equated to such intellectual property
10.1. The Contractor shall in no way be liable to any third parties for any actions of the Customer performed using the VDS service, including direct and indirect damages or lost profit suffered by third parties. The Customer shall provide all possible guarantees to the Contractor and use all available means to hold the Contractor harmless against any claims of third parties related to the Customer's actions. Should the Contractor be held liable for the Customer's use of the VDS service to place any materials containing third-party intellectual property and/or any means of individualization equated to such intellectual property without consent of the rightsholders of such materials or any other legal basis, the Customer shall reimburse the Contractor in full for any incurred losses, including, but not limited to, all expenses, such as payment of the state duties and fees for legal representation. The said indemnification shall be payable within 5 (five) business days after the receipt of the Contractor's written claim.
10.2. Procedure for interaction between the Contractor and the Customer after the receipt of complaints/messages/claims from the owners of exclusive rights to intellectual property and/or any means of individualization equated to such intellectual property (hereinafter, "rightsholders"):
10.2.1. The Contractor shall notify the Customer within 5 (five) business days about all complaints from rightsholders against the placement on the Customer's virtual dedicated server or other resource provided to the Customer by the Contractor of intellectual property and/or any means of individualization equated to such intellectual property without consent of the rightsholder or any other legal basis.
10.2.2. The Customer shall within 5 (five) business days after the receipt of the notice stipulated in Clause 10.2.1 hereof:
- remove materials containing intellectual property and/or any means of individualization equated to such intellectual property, and provide a notice with proof of such removal to the Contractor's email address abuse@nic.ru;
or
- send to the Contractor's email address abuse@nic.ru a substantiated refusal to remove materials along with information/documents confirming the validity of the use of intellectual property and/or any means of individualization equated to such intellectual property.
10.2.3. If the Customer fails to notify the Contractor of the deletion of materials or to send a substantiated refusal to delete such materials along with proof of validity of the use of intellectual property and/or any means of individualization equated to such intellectual property within the timeframe stipulated in Clause 10.2.2 hereof, the Contractor shall suspend the services, in whole or in part, in accordance with Clause 6.1 hereof and notify the Customer using its contact email addresses.
10.3. The Customer shall comply with requirements of Clause 10.2 hereof and the Policy for Reviewing Complaints, and regularly check the Contractor's notices sent to the email addresses and/or published on the Contractor's web server in the "Manage your account" section.
10.4. The Customer acknowledges and agrees that failure to comply with the requirements of the Policy for Reviewing Complaints, including failure to respond within the set timeframes, may trigger events specified in Clause 6.1. hereof, and acknowledges that such events shall be adequate, necessary, and sufficient for restoration of breached rights of third parties. This shall not affect the service validity term, and no money shall be reimbursed to the Customer.
10.5. The Customer acknowledges and agrees that the Contractor shall be entitled to redirect to the rightsholder and/or its authorized agents the Customer's substantiated refusal to remove materials along with information/documents confirming the validity of the use of intellectual property and/or any means of individualization equated to such intellectual property.
10.6. The Customer acknowledges and agrees that the Contractor shall be entitled to transfer/distribute/disclose/give access to the Customer's data, including personal data of the Customer if it is an individual and personal data of its representatives if it is a legal entity, to the rightsholders and/or their authorized agents who submitted to the Contractor complaints/messages/claims against illegal placement of intellectual property and/or any means of individualization equated to such intellectual property without consent of the rightsholders of such materials or any other legal basis on the Customer's resources provided by the Contractor.