Schedule 1/32
to the Service Agreement
Effective July 30, 2015
1. Definitions
3. Service Terms and Conditions
5. Grounds for Service Suspension and Termination at Contractor's Initiative
Domain is an area of the hierarchical name space of the Internet, which is designated by a unique domain name, served by a set of DNS servers, and administered by its administrator.
Contractor is Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Customer - a person or legal entity, which applied for the Privacy Protection Service and entered into a Service Agreement with the Contractor.
Order is the Customer's request to the Contractor in the form set by the Contractor, containing all necessary data for the service delivery.
Privacy Protection Service (the Service) ensures privacy of domain name information indicated in Whois and consists in replacing the data, provided by the Registrant when registering a domain name, with the data provided by the Contractor.
Domain Name Information is information about a domain name that is entered into the Registry during the domain name registration (details of the Registrant; administrative, technical, and billing contacts; the DNS servers).
Whois is a public network protocol used to obtain information of a Registrant.
Registrant - the person in whose name the domain name is registered. Registrant defines the procedure of using the domain name and is held liable for its selection and potential infringements of third-party rights with regard to selection and use of the domain name, as well as for the costs of such violations.
Terms not defined in this Schedule are defined in gTLD and foreign ccTLD Registration Agreement, gTLD and Foreign ccTLD Registration Schedule, Landrush and General Availability Registration Schedule under New gTLD Program.
2.1. This Schedule sets forth the terms and conditions for providing Whois (network protocol) Privacy service for second-level domain names in the gTLDs and foreign ccTLDs: .com, .net, .org, .biz, .info, .name, .xxx, .cc, .tv, .me, .pw and in the new gTLDs listed in Schedule 1/30-1 to the Service Agreement.
2.2. The service order serves as the Customer's full and unconditional consent with the terms of this Schedule and procedure of its modification, gTLD and foreign ccTLD Registration Agreement, gTLD and Foreign ccTLD Registration Schedule, Landrush and General Availability Registration Schedule under New gTLD Program.
2.3. A service is provided to the Customer in accordance with this Agreement, subject to the existence of a Service Order and compliance with all relevant requirements of this Schedule.
2.4. The service order is made on the Contractor's web server at https://www.nic.ru/ (hereinafter, "Contractor's Web Server")
2.5. All data provided by the Customer during registration in the Contractor's database and signing an Agreement shall be true and accurate. The Registrant shall keep submitted information up-to-date.
2.5.1. If there is any doubt about the authenticity or relevancy of data provided by the Customer for the domain name registration, the Contractor may request additional information and/or confirmation of submitted data at any time during the term of registration. Requests containing a warning about the consequences of a failure to fulfill them within the timeframe specified by the Contractor are sent via e-mail to the Customer's contact address specified in the Contractor's database.
2.5.2. If additional information is not provided by the Customer and/or if previously provided information is not confirmed within the specified timeframe, the Contractor may:
a) cancel the Customer's order for Privacy Service;
b) put the Privacy Service on hold;
c) cancel the Customer's order for Privacy Protection Service renewal.
2.5.3. All specified restrictions may be lifted within 3 (three) business days from the Customer’s provision of requested information.
2.5.4. The Customer shall notify the Contractor of any changes in data submitted for the domain name registration, renewal or support. In case of a failure to fulfill this requirement, the Contractor shall not be held liable for the accurate and timely delivery of notifices to the Customer.
2.6. The Service order shall be deemed the Customer's consent to pay for the Service in the amount effective as of the order processing start date.
2.7. Any amendments to this Schedule regarding introduction of new and/or additional services take effect from their publication on the Contractor's Web Server.
3. Service Terms and Conditions
3.1. The Service is provided only for the second-level domain names in the gTLDs and foreign ccTLDs: .com, .net, .org, .biz, .info, .name, .xxx, .cc, .tv, .me, .pw and in the new gTLDs listed in Addendum 1 to Schedule 1/30-1 to the Service Agreement.
3.2. Support of the domain name, for which the service is provided, shall be carried out by the Contractor, while the domain shall be registered in the name of the Customer.
3.3. The Customer, at any time within the service validity term, may independently change the domain name for which the Service is provided, enable/disable the service for the domain name, selected by the Customer. Such changes are made at the Contractor's web server in the following order:
- log in to "Manage your account" section;
- in the "Services" menu select "Review and update data";
- find the required Privacy Protection service;
- click on "Modify" in the column "Parameters";
- make the appropriate changes;
- save changes.
The Customer's data updates will take effect no later than 4 (four) hours since their introduction.
3.4. The Service shall be deemed provided from the moment when data in "Registrant" field of the Whois network protocol, provided by the Registrant when registering a domain name, is replaced with the data provided by the Contractor (the nature of such data is independently defined by the Contractor).
3.5. The Service is provided by the Contractor to the Customer for 1 (one) calendar year regardless of the domain name registration term, for which the Service is provided. The Service may be renewed at Customer's discretion for another year.
3.6. The Contractor automatically generates orders for Service renewal for 1 (one) calendar year. The Contractor will notify the Customer of the need to renew Privacy Protection Service via the communication channel 2 (two) months before the Service expires, provided that the Customer has not cancelled the renewal.
3.7. 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.
3.8. If the Service is terminated before its expiration date by the Customer, the funds allocated for the Service under the Agreement are not refunded.
3.9. Within the Service validity term the Customer:
3.9.1. retains all the advantages of registration of the domain name for which the service is provided, including, but not limited to, the right to renew a domain name, transfer a domain name to another Registrant or Sponsoring Registrar, cancel domain name registration, change DNS servers, or use a domain name at its own discretion.
3.9.2. is fully responsible for the use of the domain name for which the service is provided.
3.10. If the Customer transfers the domain name for which the service is provided to another Registrant, another Sponsoring Registrar, or from one agreement to another, the service is maintained and can be used for another domain name.
3.10.1. The Customer has the right to change the domain name, for which the service is provided, in accordance with the procedure set out in Clause 3.3 hereof or to provide the service transfer to a new Registrant as an additional service available for this domain, acting in accordance with the Contractor's instructions.
3.10.2. In the event of a failure in performing the actions specified in Clause 3.10.1 hereof, the Privacy Protection Service for the transferred domain name cannot be provided.
3.10.3. Prior to the change of the domain name, for which the service is provided in accordance with the procedure stipulated in Clause 3.3. hereof, the service is deemed disabled at the Customer`s initiative (Clause 3.8. hereof).
3.10.4. In case of a transfer of the Privacy Protection Service to a new Registrant as an additional service available for this domain (Clause 3.10.1 hereof), the Privacy Protection Service becomes available for this domain prior to the end of the term stipulated in Clause 3.5 hereof.
3.11. The Customer agrees to promptly respond (within the period specified by the Contractor) to any messages of the Contractor addressed to the Customer in connection with the use of the domain name for which the Service is provided.
4.1. The Customer fully understands and agrees that in the process of ordering the service all mail notifications, coming to the address provided by the Registrant when enabling the Service, are not redirected to the Customer and kept by the Contractor, but they are subject to deletion.
4.2. The Contractor shall not be liable for any failure of the Customer to receive notices sent by mail.
4.3. Within e-mail forwarding service the Contractor creates for the Customer a "personal" e-mail like ***@ nic.whoisproxy.ru, where *** is a random address. E-mails delivered to the "personal" address are redirected to the Customer's email specified as a contact email address when registering a domain name.
4.4. Forwarded e-mail size shall not exceed 10 MB. If the said size is exceeded, the Contractor's mail server will not accept an e- mail and the sender and Customer are not notified thereof.
4.5. The Contractor shall not be liable for any failure to implement e-mail forwarding for reasons beyond its control to the Customer's email specified as a contact email when registering a domain name, if:
a) DNS servers for the domain to which e-mails are forwarded:
- are not functioning according to DNS standards or not connected to the internet;
- do not contain in the zone file any records necessary for ensuring e-mails delivery;
b) the mail server containing the mailbox where the e-mails are being forwarded is not available on the internet or does not accept the e-mails sent by the Contractor;
c) mail servers not owned by the Contractor are inoperative on the route of the message or have wrong settings, which hinders message delivery or causes message contents distortion. In case of a failure to forward the message due to the abovementioned reasons, subsequent attempts to forward the message are made every 30 (thirty) minutes. Such messages are stored no more than 4 (four) calendar days following their receipt by the Contractor's mail server.The message is deleted upon expiry of the specified term, and a notice that message delivery is impossible is sent to the sender.
The size of the Customer's mail saved on the Contractor's mail server may not exceed 100 MB. If this size is exceeded, the Contractor's mail server stops accepting the Customer's messages without any prior notification of the sender or the Customer.
5. Grounds for Service Suspension and Termination at Contractor's Initiative
5.1. Contractor at its sole discretion and without any liability to the Customer may forcibly suspend and subsequently terminate the Service delivery (the Customer's data will be available in Whois) in the following cases:
5.1.1. Upon receipt by the Contractor of evidence confirming that the domain name for which the Service is provided is subject to legal proceedings.
5.1.2. Upon receipt by the Contractor of a written resolution by the head (deputy or any other official having the same authority) of a search and surveillance body.
5.1.3. Upon revealing inaccuracy of the details submitted by the Customer, or where the Customer fails to submit supporting documents for these details upon the Contractor's request within the period specified by the Contractor.
5.1.4. In case of spam detection (including search engine spamming) or taking actions favoring its dissemination, including:
a) mass distribution of unsolicited messages through email and other messaging systems; mass distribution means both distribution to multiple recipients and multiple distribution to one recipient;
b) distribution of unsolicited emails and other messages of promotional, commercial or propagandistic nature, as well as messages containing information running counter to public interests or the principles of humanity and morality (such as profane language, appeals for violence, subversive extremist activity, overthrowing of a government, slogans of anti-humane nature 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, provided that open publication of the address cannot be considered a consent);
d) distribution of software for technical implementation of activities described in sub-clauses (a, b, c) of this clause;
e) distribution of messages not meeting the following requirements:
- an email address may only be included in the mailing list at the will of the owner of such address;
- an email address must be easily deleted from the mailing list at the will of the owner of such address;
- performing other actions which, at the Contractor's discretion, may be classified as spamming.
5.1.5. for the preclusion of illegal activities or another activities causing damage to third parties, such as: activity banned by the law of the Russian Federation, including distributing and advertising obscene materials, appeals for violence, extremist activities, appeals for overthrowing of government, etc., and also any activity harmful to public interest, humanitarian and moral principles, insulting human dignity or religious feelings, etc. The Contractor is entitled to make an individual judgment regarding the Registrant'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/moral_standards.html.
5.1.6. in order to comply with ICANN policies and procedures;
5.1.7. in case of Customer's breach of any terms hereof.
5.2. In case of involuntary suspension or termination of the Privacy service as per para. 5.1. hereof, the Contractor reserves the right to refuse the Customer in further Service delivery without explanation.
5.3. In case of involuntary termination of the service, the service fee is not refunded to the Customer.
6.1. Service fee is specified in Addendum 2 to the Service Agreement ("Pricing").
6.2. Other payment, billing, invoicing, and money reservation matters concerning service delivery are regulated by Addendum 4 to the Service Agreement.