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Schedule 1/24
to the Multiple Services Contract Effective July 30, 2015 |
Contractor — Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Customer — a person or a legal entity that has signed a Multiple Services Contract (index NIC-REG) and made an order to the Contractor for the Website Builder service.
Client — a person or a legal entity, wishing to obtain Website Builder service.
Website Builder service — the Contractor's resources setting, which enable the Customer editing and publishing Customer's website on the Net. The 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 service is identified by a unique alphabetical and numerical character string — service identifier (ID), which is chosen by the Customer in the process of ordering the service and cannot be changed during the service term of validity.
Service Validity Term — the time frame within which the resource settings made by the Contractor 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 extended at Customer's will under the procedure set by this Schedule.
Plan — a set of resources and services provided to the Customer by the Contractor, as well as their qualitative and quantitative features.
Service Settings — plan and service validity period.
Website — information in its entirety presented as one or several web-pages created by the Customer for Internet publication. Website addressing on the Internet shall be provided through the domain name or subdomain. 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.
Order — Customer's address to the Contractor in the format, set by the Contractor, containing all necessary data for providing the service or renewing it, and also for updating earlier submitted data.
Control Panel — web-interface provided by the Contractor to the Customer to manage Customer's website. Control panel access is provided through the password under the Customer's Contract.
Personal Account - information in its entirety regarding Customer's payments for the Contractor, and also services, used by the Customer, provided by the Contractor. Any payment made by the Customer is credited to their Contract 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.
Electronic Payment System (e-payment system) is a system represented by software and hardware infrastructure, to settle financial transactions between the Customer and the Contractor via Internet.
2.1. The Contractor is operating under and in accordance with the license Nо-115466 dated 27.12.2011 for the provision of telematic services of telecommunications issued by theFederal Service for Supervision of Communications, Information Technology, and Mass Media.
2.2. The Contractor provides services for the Customer, who has concluded a Multiple Services Contract (hereinafter referred to as the Contract) with the Contractor in writing. The conclusion of the Contract is preceded by the Customer's registration on the Contractor's database.The Customer on their own chooses and registers individual administrative and technical passwords, guarantees their confidentiality and is responsible for all actions performed using the passwords.
2.3. All data, submitted by the Customer in the process of registration in the Contractor's database is to be true and up-to-date. In case the Customer submits false data, the Contractor is entitled to refuse providing services to the Customer.
If the Contractor doubts that the data provided by the Customer is true and up-to-date, the Contractor is entitled to request additional data and/or to request the confirmation of the provided data within the contract validity period. A request is submitted to the Customer to its 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:
а) cancel the Customer's order for a new service;
b) put Customer's services on hold (to block the services in compliance with the paragraph 8.1 of this Schedule)
c) cancel the Customer's order for service renewal.
All specified restrictions can be lifted within 3 (three) business days since the time the Customer provides requested information.
In case the required information is not submitted within 30 (thirty) calendar days after the Contractor sends the first request, Customer's services may be terminated.
2.4. The Customer and the Contractor acknowledge the legal effect of notifications and messages, sent by the Contractor to the Customer's e-mail addresses, specified by the Customer in the Contract and other documents. Such notifications and messages are equal to messages and notifications in writing, sent by the Contractor to Customer's mail addresses. The Customer and the Contractor, in case of any disagreements concerning the facts of sending and receiving messages, the time of sending, contents of the messages, agreed to consider evidences of the Contractor's archive service binding and definitive for settlement of disputes between indicated parties.
An exception to this rule is the exchange of claims and complaints on service acceptance documents submitted by the Customer for which a simple written form is mandatory.
2.5. The Customer undertakes to follow the requirements of document "Terms of Use" published on the Contractor's web-server at https://www.nic.ru/about/servpol.html. The Customer agrees that he/she may be affected by the consequences of actions undertaken by the Contractor to prevent negative consequences of the third parties' activities, interfering with the Contractor's system of services. In its actions the Contractor follows provisions of Terms of Use and guarantees the minimization of such adverse effects to the Customer.
2.6. The Customer shall acknowledge the Client with this Schedule and the procedure of its modification.
A service order shall serve confirmation that the Customer and Client agree to meet the terms and provisions hereunder.
An Order for a service indicates also that the Customer agrees to pay for the service at the price effective at the date the processing of the Order begins.
2.7. The service shall be deemed provided to the Customer after the Contractor's resources are set up to work as Customer's website 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.
2.8. Renewal service shall be deemed provided to the Customer after the Contractor's resources are set up to work as Customer's website 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.
2.9. The Contractor shall inform the Customer on the fact of service delivery by an e-mail sent to the Customer address. If any motivated Customer's objections set forth in simple language in writing and sent by mail service failed to reach the Contractor's address within 15 (fifteen) calendar days from the date of the aforesaid Contractor's e-mail, the service rendered to the Customer by the Contractor shall be deemed accepted by the Customer.
2.10. The service plans are published on the Contractor's web-server at https://www.nic.ru/dns/contract/en/tariff_buildsite.html.
2.11. The period of time within which the Customer may experience delays in website performance due to the Contractor's fault shall not exceed 2 (two) hours a month.
2.12. 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 for its own failure or poor quality performance of service rendering.
2.13. 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 performance or non-performance of services. 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.
2.14. The Contractor shall in no way be liable to any third parties for any actions of the Customer performed using the Contractor's services, 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 allowed means to indemnify the Contractor from any claims of third parties related to the Customer's actions.
3.1. Service order
3.1.1. Service order is generated by the Customer:
3.1.2. In the process of making an order for the service the Customer on his own chooses the service settings.
3.1.3. In the process of service ordering the Customer is entitled to specify in service settings any domain names , including those contradictory to requirements of clause 4.2 (a,b) hereof. The service will be provided by the Contractor and will be deemed provided regardless of the performance of domain names specified by the Customer. Domain names list may be changed by the Customer in the control panel at any time after the service is provided.
3.1.4. If the service was ordered together with domain name registration service (in the same order), then in case the domain name is not registered (registration refusal is stipulated by applicable Schedulesto the Multiple Services Contract), the service will be provided to the Customer and will be considered provided no matter what the domain name registration result is.
3.1.5. The Customer can abrogate (cancel) the service order on the Contractor's web server www.nic.ru, in the "Manage your account" panel ("Orders"), before the order implementation is started.
3.2. Other matters of order implementation, including readiness for processing, are regulated by Addendum 4 to the Service Agreement.
3.2.1. An Order is considered ready for processing and starts processing, if the Customer has on its Contract Account the funds sufficient to cover all services listed in Order. Orders not implemented within 3 (three) months are removed by the Contractor.
3.2.2. After the service is provided, the Contractor sends a message, containing information, necessary for website management (access logins and addresses), to the Customer's contact addresses.
4. Customer's Access to the Service
4.1. After the service is provided, the Contractor gives the Customer access to manage website:
a) access to the control panel — within 1 (one) hour after the service is provided;
The Customer is entitled to block access to the control panel for the Service Administrator when ordering a service or at any time after its activation until the expiration date. In case the Customer blocked access to the control panel for the Service Administrator, all messages from the Contractor specified in this Schedule are sent only to the Customer.
Access to the control panel is provided to the Customer and the Service Administrator when the password under the appropriate Contract is used and is executed:
b) access to services included in the plan for auxiliary names (provided based on service identifier), created by the Contractor for the Customer — within 1 (three) hour after the service is provided;
4.2. Access to the service capabilities for the domain name specified by the Customer in the service settings is available under the condition the following terms are met:
а) the domain name is delegated;
b) all necessary records are entered into DNS zone of the domain name. If DNS for the domain name is supported by the Contractor (necessary records are entered into the zone automatically). If the Customer supports DNS for the specified domain name on his own, it should enter records into DNS zone of such domain name according to the Contractor's recommendations, described in the control panel.
4.3. The Customer is entitled to deactivate the service prior to its expiration date, in this case the Contractor executes total service blocking according to the paragraph 8.1 of this Schedule. In case the Customer deactivates the service the service validity term is not affected, money is not refunded. Service deactivation is made by the Customer on the Contractor's web server www.nic.ru, in the "Manage your account" panel ("Services", link "View and modify data").
5.1. The Order for service renewal submitted by the Customer to the Contractor confirms their consent for renewal and money withdrawal to pay for the renewal from the Contract personal account. Money withdrawal from the the personal account is made according to the Addendum 4 to the Multiple Services Contract.
5.2. Service Renewal Order
5.2.1. The Contractor, no later than 14 (fourteen) calendar days before the end of the service validity term, sends a notification regarding the need for service renewal, to the Customer. The notification is sent by means of e-mail to the addresses specified in the Contract.
5.2.2. Service renewal is made by the Contractor if there is a Customer's order for service renewal and enough money available on the Customer's Contract personal account to cover the service. .The Customer hereby agrees that the funds for renewing other services used by the Customer are allocated in the sequence in which the terms of these services expire (the funds for a service whose term expires earlier are allocated earlier). Should the Customer change order execution sequence, the funds will be allocated on the contract personal account in a manner established by the Customer, unless if otherwise specified by the Customer using e-payment systems. In this case the service renewal procedure will be established by the Customer as scheduled by the e-payment systems.
5.2.3. The Order for service renewal is created by the Contractor no earlier than 2 months prior to the service expiration date and no earlier than the service activation, but no later than 30 (thirty) calendar days from the expiration date. The renewal Order is made by the Customer on the Contractor's web server www.nic.ru, in the "Manage your account" panel (the link "Service Renewal").
5.2.4. If the service is not renewed by the Customer, the Contractor executes total service allocation according to the terms of para 8.1 hereinbelow after the service expires.
In case the Customer renews the service within 30 (thirty) calendar days after the service expires, the validity term of the service for the next period is calculated from the day of service renewal. In such case the Contractor deallocates the service within 1 (one) hour after payment for renewal arrives on the Customer's Contract personal account, provided however that the Customer has not refused to renew the service. As such, the service validity for the next period is calculated from the date of service renewal.
5.2.5. If the 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 all Customer's information from its resources and the service settings, made by the Customer in the process of using the service.
5.3. If the Customer failed to set in the service renewal order the service settings for the next period (pursuant to para. 6 hereunder), this service, if renewed, will be rendered in compliance with the settings valid at the moment of its renewal.
5.4. If the Customer has orders to renew two or more services, they are implemented in the order the service term is ended.
6.1. In order to renew the Service the Customer may specify another term of validity for the service for the next period, other than current one, subject to the plan. The settings are made by the Customer on the Contractor's web server www.nic.ru, in the "Manage your account" panel ("Services", link "Services renewal").
6.2. The plan may be changed either while the service is still valid or when the service is being renewed for the next period.
6.3. Plan change within the service validity term
6.3.1. Within the service term of validity the plan may changed only for a higher priced plan, in this case the Customer shall pay for plan-to-plan margin. The service validity term is thereby not affected.
6.3.2. Changing the plan within the service validity term is made by ordering "Plan change" service , which is made by the Customer on the Contractor's web server www.nic.ru, in the "Manage your account" panel:
Changes made by the Customer become active within 1 (one) hour after they are entered, if there's enough money available on the Customer's Contract to pay for the service
6.3.3. The cost of the "Plan change" service is determined according to the formula:
C=(С2-С1)/Т*t
where:
C — cost of the service "Plan change" (rubles)
C1 — cost of the service according to the current plan within the service validity term (rubles)
C2 — cost of the service according to the new plan within the service validity term (rubles)
T — service validity term
t — the period of time from the day when the service "Plan change" was provided (including the day when the service was provided) to the date when the service expires.
6.3.4. If at the time of ordering "Plan change" service there is not enough money available on the Customer's personal account to cover the cost of the service, cost of the service will be recalculated every day according to the formula, described in the paragraph 6.3.3 hereof, until the moment the money funds on the Customer's personal account will be sufficient to provide the service for the Customer and the request will be fulfilled.
6.3.5. The Contractor, if it is necessary, sends an e-mail message to the Customer and the Service Administrator regarding the service information (access names and addresses) after order implementation. Passwords for the service, determined by the Contractor, may be changed by the Customer 'or the Service Administrator ' IF 1by means of the control panel.
6.3.6. The Customer may cancel the order for the service "Plan change" on the Contractor's web server www.nic.ru in the "Manage your account" panel ("Orders") prior to the beginning of order implementation.
6.3.7. Orders for the "Plan change" service, not executed before the service is still valid, are canceled by the Contractor.
6.3.8. After the "Plan change" service is provided, the Contractor automatically sets the plan for the next period, valid after the changes have been made, in the service renewal order. The Customer may set another plan in the order for the service renewal, according to the para 6.4 hereinbelow.
6.4. Plan change for Service Renewal for the Next Period
6.4.1. In order to change the plan in the process of renewing the service the Customer should specify another plan for the next period in the order for service renewal any time before the service is renewed. The settings are made by the Customer on the Contractor's web server www.nic.ru, in the "Manage your account" panel ("Services", link "Services renewal").
6.4.2. In case the plan is changed for a higher priced plan the Contractor, if it's necessary, sends an e-mail message to the Customer and the Service Administrator regarding the service information (access names and addresses) after order implementation. Passwords for the service, determined by the 'or the Service Administrator ' IF Contractor, may be changed by the Customer 1by means of the control panel.
6.4.3. In case the plan is changed for a lower priced plan the Contractor, after service renewal, compares the resources, used by the Customer's website with the resources stipulated by the lower priced plan chosen by the Customer. If Customer's website uses more resources than it is stipulated by the plan chosen by the Customer, the Contractor will block Customer's website according to para 8.1 hereinbelow. Customer's website is unblocked by the Contractor within 2 (two) hours after the Customer adjusts the amount of utilized resources to the chosen plan.
7.1. Cost of the Contractor's services is set forth in the Addendum 2 to the Multiple Services Contract.
7.2. The matters of payment, billing, invoicing, and money reservation for the service delivery are regulated by the Addendum 4 to the Service Agreement.
7.3. In case the service is cancelled before its expiration date, money paid by the Customer for the service is not refunded.
8.1. In case the Customer or the Service Administrator violate the liabilities, set for him by this Schedule, or other cases stipulated by the Schedule, the Contractor is entitled to block the service fully or partially, and the Customer and the Service Administrator are being informed about it at the contact e-mail addresses specified in the Contracts. When the service is blocked the service validity term is not changed, money is not refunded to the Customer.
8.2. Service blocking is regarded as total or partial cessation of the Customer's access to the website, with possible redirection of queries from the Customer's web-site visitors to the Contractor's service page containing the appropriate information, and total or partial cessation of the Customer's access to other services and resources, provided to the Customer within the service.
9. Customer' Data Distribution Restrictions
9.1. The Customer 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 Contractor's website at: https://www.nic.ru/dns/service/hosting/en/moral_standards.html
9.2. Spam Restrictions
The Customer and the Service Administrator 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 Customer and the Service Administrator 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:
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.
9.3 The Customer 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 9.2 hereof, regardless of the Internet point where these activities were performed.
9.4. In case the events specified in paragraphs 9.1, 9.2 and 9.3 hereof occur, the Contractor, according to the paragraph 8.1 of this Schedule is entitled to block the Customer's website, informing the Customer by means of e-mail once. Website functioning may be resumed after the Customer eliminates the causes of breaches and addresses the Contractor by means of e-mail.
9.5. The Contractor, from its party, 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, however, the Contractor has the right to perform service blocking after an appropriate notification to the Customer for the duration at the discretion of the Contractor in case of negative comments and complaints from third parties whose rights are violated as a result of the Customer's ensuing activity.
9.6. In case of obvious breach by the Customer or the Service Administrator of the Russian Federation law from the Contractor's point of view, service provision to him may be stopped without a preliminary warning from the Contractor's party.
9.7. Should the Contractor receive messages (complaints) on spam dissemination from any Internet access point, containing Customer's and/or the Service Administrator data resource advertisements, the Contractor is entitled to enforce penalties for the Customer, provided by paragraph 8.1 hereunder. The Customer 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.
10. Information Safety and Data Integrity Support
10.1. 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.
10.2. The Contractor ensures backup of the Customer's information, located at the Contractor's facilities, except for the data publicized in Customer's mail boxes, with the purpose of its recovery in case of a loss through a fault of the Contractor. In case of a loss of information through a fault of the Customer or third parties, the Contractor shall not recover such information.
10.3. In case Customer's information, for which the Contractor ensures backup is lost due to the Contractor's fault, the Contractor, to the extent technically feasible, shall recover lost information within no more than 12 (twelve) hours since the Contractor's discovery of information loss.
10.4. The Customer, in the process of using the website 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) 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 Customer, without agreement with their owners;
f) scanning of data-computing and network resources, not belonging to the Customer.
10.5. In case the events specified in the paragraph 10.4 occur, the Contractor, according to the paragraph 8.1 hereof of this Schedule, has the right to block the Customer's website, informing the Customer about that by means of e-mail once. Website functioning may be resumed after the Customer eliminates violation cause and addresses the Contractor by means of e-mail.
10.6. 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, at the Contractor's opinion, disruption or threat of disruption of the Contractor's services system functioning.