1. GENERAL PROVISIONS
1.1. The terms used in this Agreement:
"We", "ours", "us" - concerns the Contractor.
"You", "client", "user" - treat the Customer.
"The server account" - the account which was created on the server for management of services, with an opportunity addition/editing domains/sub domains, databases, mailboxes, and other functions which are possessed by the control panel on the server.
"Login" - a unique set of letters and/or figures which is necessary for access to the website, for access to a billing management system services.
"Hosting", "VIP Hosting", "Reselling Hosting" - service in provision of computing virtual capacities, limits and restrictions according to a tariff plan for physical placement of information on the server which is constantly in the Internet.
"Dedicated server" — set of the virtual hardware such as hard drive, random access memory, processor, the allocated IP address, the Internet of connection, specialized for installation and accomplishment of the software on it.
"The virtual server, VDS/VPS" — set of such virtual providing as the virtual hard drive, random access memory, the processor, the allocated IP address, the Internet of connection, specialized for installation and accomplishment of the software on it.
"Processor, CPU" - The central part of the computer which is carrying out the transformations of information set by the program and exercising control of all computing process.
"The physical, hard drive" - the memorable hardware device storing data.
"The virtual, hard drive" - the memorable virtual device storing data.
"Virtual/random access memory, the OZU, RAM" - the operational memory device storing the carried-out machine code.
"Tariff plan" - commercial a form of the offer within which the list the list of services is specified and the cost of this offer is determined as a single whole.
"Internet service provider" - the company providing services of Internet access.
"The allocated IP address" - the unique network address of a node in the computer network built on the basis of a stack of protocols of TCP/IP.
"Ftp" is one of basic protocols of file transfer, intended for file transfer in network between computers. With its help it is possible to be connected to FTP servers, to look through content of their catalogs and to load files from the server or on the server.
"Guaranteed the Internet of connection" - guaranteed, - the Internet of the connection specified in a tariff plan means "at least" speed.
"Dynamic the Internet of connection" - dynamic, - means speed the Internet of connection which can fluctuates, it can be more/less than is specified in a tariff plan.
"Date the center, DPC, DPC" - specialized premises / place / building of data-processing center in which physical, dedicated servers are placed. DPCs surely adhere criterion of a fire-proof security system, many-sided use of Internet services for provision of access to the Internet, cooling systems, providing uninterrupted power supply, the systems of fault tolerance and many other things.
"Domain name, the domain" - a leasable unique name on the Internet for a certain term which registered by means of the registrar of the domain, it is assigned to a certain physical/legal person and becomes his private property for the term of registration of the domain.
"Email" - e-mail, technology and the services in shipment and receipt of the electronic messages called "letters" or "e-mails" on provided by it distributed (including global) computer network.
"Verification" - check of earlier seen personal data of the Customer on the website of the Contractor. Verification of data can be performed in connection with registration of the domain, unscheduled inspection of the account, official request of law enforcement agencies, violation of this Agreement. Verification is carried out by the notification e-mail of the message to the Customer about need to provide the scan of documents the personality confirming it.
1.2. The agreement of the public offer on provision of services is hereinafter referred to as "Agreement", consists between International Business Company LTD which acts on the basis of the certificates on the state registration No. 129274, on the one hand, is referred to as "Contractor", and on the other hand as you as hereinafter is referred to as physical person and/or legal entity in further as "Customer". This Agreement comes into force from the moment of its acquaintance in full and all additional Applications, by registration and acceptance on the website of the Contractor.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Obligations of the Contractor:
2.1.1. At the high high-quality level to carry out the obligations concerning provision of services.
2.1.2. To provide the round-the-clock storage, maintenance and monitoring of operability of the equipment on which the Customer's resources, during all duration of the agreement are placed.
2.1.3. To provide services according to the ordered and paid services.
2.1.4. Not later than in 24 (twenty four) hours to warn the Customer about carrying out scheduled and repair work, distributing preventions on e-mail of the Customer. In cases about not an opportunity to notify in advance the Customer, situations about which the Contractor couldn't foresee the situations provided in point 8.1 of this Agreement belong to them.
2.1.5. To keep confidentiality of information of the Customer obtained from him in case of registration on the website of the Contractor and also privacy of correspondence.
2.1.6. To publish the official reports connected with servicing of the Customer and change of rates for payment on the website of the Contractor.
2.1.7. Without request of the Customer not to interfere with operability of the server account, breaking operability of the websites and additional services.
2.2. Customer's obligations:
2.2.1. To provide the authentic information (details) in case of implementation of registration on the website of the Contractor, to specify reliable information about the personal data if it is required to provide data for registration of domains, in particular a surname, a name, a middle name, a complete address of accommodation, number and a series of the passport, number of the home/mobile phone, email and also timely to inform on their changes.
2.2.2. Timely and in full to pay services of the Contractor according to the chosen tariff plan. The customer is obliged to pay services of the Contractor only from the face which was specified in case of registration in contact and/or billing information. The customer undertakes to study independently information on terms of service and rates on the website of the Contractor.
2.2.3. To use services in the legal purposes, observing the legislation of the country where the website is located and also to observe the international legislation.
2.2.4. Not to confer on the Contractor responsibility in any claims in a consequence of use of these services, responsibility for debts, losses, costs and expenses, including all ship expenses, expenses on fee of lawyers and lawyers who resulted from ship processes and the judgments which directly or indirectly concern services of the Contractor.
2.2.5. To independently take all necessary measures for safety of information at the level of the server account of the Customer.
2.2.6. Not to use service for spam sending, a phishing, violations of an author's right, breakings, hacking, carting, a fraud of any type, breaking any other commonly accepted moral standards.
2.3. Rights of the Contractor:
2.3.1. It is interim or agrees with terms of this agreement, to completely stop provision of services to the Customer in case of lack of payment for services in the terms established by the Contractor.
2.3.2. The contractor has the right to perform verification of data of the Customer, - it can be check of compliance and confirmation of data of the client with his account on the website of the Contractor.
2.3.4. The contractor has the right to stop contractual relations with the Customer unilaterally, with simultaneous sending the written electronic notice, in case of systematic violation by the Customer of terms of this agreement. Date of the direction of the corresponding message to the Customer is considered the moment of agreement cancelation and termination of servicing.
2.3.5. In case of the increased (above-standard) needs of the Customer to hardware and program resources that could affect operability of infrastructure of the Contractor, the Contractor reserves the right to suspend the account of the Customer, to offer ways of solving the problem.
2.3.6. The contractor has the right to open the information about the Customer, in cases of receipt of official request from law enforcement agencies.
2.3.7. To stop access to services and/or to terminate the offer unilaterally without preliminary message in case of violations of points of this Agreement No. 2.2.1, No. 2.2.2, No. 2.2.3, No. 2.2.6.
2.4. Customer's rights:
2.4.1. To demand from the Contractor of provision of services in accordance with the terms hereof.
2.4.2. To inform the Contractor of the requirement and a wish concerning quality of the provided services.
2.4.3. Free of charge to get the advice necessary for use of services.
2.4.4. To terminate this agreement at any time unilaterally.
3.1. Responsibility of the Contractor:
3.1.1. The contractor doesn't bear responsibility for quality of communication channels public by means of which access to services is provided.
3.1.2. The contractor doesn't bear responsibility for any expenses or losses, suffered by the Customer when using services by a direct or indirect way.
3.1.3. The contractor is exempted from liability for failure to carry out or inadequate accomplishment of liabilities if such failure to carry out took place as a result of action of force majeur circumstances (force majeure circumstances) as it is provided in item 8 below, stealing or damages by malefactors of lines and station constructions or because of the Customer.
3.1.4. The contractor doesn't bear responsibility for safety and legal support of information which is on the website (websites) and/or in the database and/or FTP of the Customer.
3.1.5. The contractor doesn't bear responsibility for the notice of any third parties on deprivation of the Customer of access, and for possible consequences which resulted from lack of such prevention.
3.1.6. The contractor isn't a defendant or the codefendant in any liabilities and expenses connected with violation of provisions of this agreement by the Customer or other persons which use an accounting name (login) and the password of the Customer, the Customer or other persons connected with use of services, with placement or transfer of any message, information, software or other materials in network who use his accounting name (login) and the password.
3.1.7. The contractor doesn't bear responsibility also for:
- activities of the Customer within the server account which is determined by an accounting name (login) of the Customer;
- interruptions in provision of services if they were caused by actions of the Customer and/or the third party;
- any damage caused to the Customer as a result of use of services of the Contractor including cases when the Contractor was notified on a possibility of such losses;
- content, reliability and relevance of any information which is accepted or transmitted through use of services;
- serviceability belonging to the Customer of the equipment and/or the software which is used by the Customer;
- the lost profit and/or income and also indirect losses of the Customer during use or non-use (complete or partial) services of the Contractor, including cases when the Contractor was notified on a possibility of such losses;
- technical condition of network to which the Customer is connected;
- contents of information posted on the Customer's website;
- integrity, reliability and availability of the websites and data of the Customer on the server account;
- the problems connected with use by the Customer not of licensed program and/or technical supply;
- unskilled actions of the Customer, concerning setup and operation of the ordered services;
- operability of the software provided to the Customer if the Customer consciously or unintentionally broke their working capacity, I made and/or I removed changes in system, office files and/or settings.
3.1.8. With assistance to the Customer in registration of a domain name, the Contractor doesn't bear responsibility for the terms and possible delays connected with the registration, organizational and/or technological features of the Registrar, including (but without limiting) refusal of the Registrar of registration of the domain ordered by the Customer and also, under circumstances of provision by the Customer of incomplete (inexact) data for implementation of registration of the domain. The contractor doesn't bear responsibility for possible employment of the domain other registrar during the period between placement of the order by the Customer and the actual handling of the order by employees of the Contractor.
3.1.9. By provision the Contractor doesn't guarantee to the Customer of service of the virtual or dedicated server operability of system and availability of resources, agrees with the chosen tariff plan if any changes by the Customer in settings of system and/or office files were carried out.
3.1.10. For working capacity and suitability to use program and the hardware developed by the third party.
3.2. Responsibility of the Customer:
3.2.1. The customer assumes complete responsibility, the Internet connected with use by means of services, in particular, for assessment of accuracy, completeness and usefulness of any thoughts, the ideas or other information and also quality and properties of goods and services which extend on the Internet and it are provided to the Customer by means of services.
3.2.2. The customer independently bears responsibility for reliability and confidentiality of data which were specified in case of registration of a domain name.
3.2.3. The customer bears complete responsibility for preserving the password and for losses which can be put as a result of its unauthorized use. Upon the theft of an accounting name (login) and the password caused because of the third parties, the Customer has the right to address to support service of the Contractor for restoring access. For the purpose of compensation of the damage caused by this theft, the Customer shall address to the relevant investigating and law enforcement agencies.
3.2.4. The customer bears responsibility also for:
- violation of the law of the country where the website (server) is placed, violation of the international legislation and the commonly accepted moral standards.
- non-compliance with conditions of Additional applications / agreements which are an integral part of this agreement;
- non-compliance with terms and payment procedure of services.
3.3. Agreement cancelation doesn't exempt the Customer from the liability to pay to the Contractor debt for the provided services.
3.4. When using services the Customer shall be able to use web interfaces.
3.5. The customer realizes that skills of system administration are necessary for use of service of the virtual dedicated server.
4. PRICES AND PAYMENT PROCEDURE
4.1. The prices provided to the Customer are determined agrees with the current rates specified on the official site of the Contractor.
4.2. All prices on the official site of the Contractor are given in US dollars. The dollar equivalent of cost of services expressed in conventional units is calculated on the rate established by the Contractor. The contractor has the right, without prior notice the Customer, to unilaterally change a course for the purpose of determination of a dollar equivalent of cost of services according to this agreement.
4.3. The customer independently bears responsibility for correctness and timely payment of accounts during the specified time period.
4.4. In case of payment of accounts through bank, replenishment terminals, payment services, the Customer takes the responsibility for commission expenses of a course equivalent.
4.5. The customer independently takes the responsibility in case of payment through exchange points for a course equivalent on the Internet.
4.6. In case of not transfer of payment through an automated system of payment on the official site of the Contractor, the Customer undertakes to inform the Contractor, on the fact not to payment of account, to give information by means of which the Contractor could check payment.
4.7. In case of payment of account direct transfer into the purse/account of the Contractor, an exchange point, other semi-automatic services of payment, the Customer undertakes to inform the Contractor on payment of account.
4.8. When changing the details Contractor undertakes to inform the Customer by e-mail, or through the publication on the official site of the Contractor in the form of news. The customer independently bears responsibility for payment of payments on old details.
4.9. The customer can break off the Contract with need of return of the remained money at any time, for this purpose the Customer needs to notify the Contractor in the way creation of a ticket through a ticket-ststemu on need to cancel the order and to return a money. Cash means for auction services / rates, domain names, dedicated servers can be not returned, on the circumstances which aren't depending on the Contractor. In cases of lack of violations on this Agreements of means will be returned within 1-14 days. Means return to a purse and the sender's currency.
4.10. The contractor has the right to unilaterally review service prices, to enter new tariff plans without prior notice.
4.11. The termination of provision of services and agreement cancelation doesn't exempt the Customer from debt repayment.
5. ACCOMPLISHMENT TERMS
5.1. All services of domain names and a hosting are processed in the automatic mode, some of services such as dedicated server and the accompanying services to domain names, a hosting, the dedicated server and also separate services of licenses, certificates can undergo semi-automatic handling, the advance approval.
5.2. Report term by the next period of payment begins to be considered with a service payment date.
5.3. The term of activation of services can be detained in cases not of a grasp of places, approaches of the public holidays, the days off, circumstances which aren't depending on the Contractor.
6. CLAIMS PROCESS AND DISPUTES
6.1. All disputes and disagreements the resulted executions of this agreement, the parties solve by peace talks.
6.2. Consideration of the claims to the Contractor connected with provision of services is performed on condition of the written conclusion of this Agreement, presentation by the Customer of the relevant financial records which confirm fee.
6.3. For the purpose of the solution of technical issues in case of determination of fault of the Customer as a result of his wrongful acts when using services of the Contractor, the Contractor has the right to involve independently the competent organizations as the experts.
6.4. After notifying the Contractor of the abuse (complaint) for the services provided, the Customer undertakes to take measures to eliminate violations within 24 hours after receiving it. If the measures are not taken in the specified period of time, then such a service may be suspended.
6.5. By consideration of disputes of the party have the right to provide the printed-out e-mails (e-mail) as proofs, with the office technical information kept in them (titles). If office technical information (titles) is absent, such letter isn't the proof. The Internet service provider by means of whom the corresponding e-mail or independent experts was sent can confirm originality of titles of the e-mail.
7. MOMENT OF SIGNING OF THE CONTRACT. TERM OF ITS ACTION. ORDER OF CHANGE AND TERMINATION
7.1. The agreement is considered the prisoner and comes into force from the moment of introduction of payment for services on the website of the Contractor.
7.2. The agreement is signed sine die and works during the specified term on condition of timely and complete payment by the Customer of services.
7.3. This Agreement can be changed by the Contractor unilaterally, the Contractor informs the Customer on the made changes by notification email, the Contractor doesn't bear responsibility for delivery of this notification to the Customer.
8. FORCE MAJEURE
8.1. Any of the parties doesn't bear responsibility for non-execution or incomplete observance of terms of this agreement, in cases inevitable actions in case of force majeure circumstances about which the parties couldn't foreknow and/or couldn't expect them. Treat such circumstances: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, salt flows, avalanches, eruptions of volcanoes and other natural cataclysms; wars, revolutions, coups, strikes, diversionary and acts of terrorism, robberies, bankruptcy of the company, accident in DPC, mistakes of third-party software developers, change of the legislation, action of state bodies and their officials if these circumstances directly or indirectly influence execution of this agreement.
8.2. The party which knew of approach or about approach of such circumstances, immediately reports about it to other party.
8.3. Execution of this agreement fully or partially stops for the period of action of such circumstances. If action of force majeure circumstances continues more than three months, then the Agreement is considered terminated.
9. FINAL PROVISIONS
9.1. On all questions which aren't settled by this agreement, the parties are guided by the international legislation.
9.2. Additions to this Agreement are:
- Rules of registration of domain names - the Application 1
- Regulations of information service of support - the Application 2
- The partner program - the Application 3
- The notification on responsibility of Web Money Transfer payment provider - the Application 4
1.1 Each Customer is obliged to study these rules.
1.2. The international organization of IANA (Internet Assigned Numbers Authority) is engaged in control of domains of the top level according to the international standard ISO 3166-1. This non-profit organization appoints domains in coordination with Internet communities of the countries, and according to their codes.
1.3. The contractor performs registration only of those domain names which are provided on the official site of the company.
1.4. Domain names are registered for the term of 1 year, with a prolongation step in 1 year, in certain cases up to 10 years.
1.5. The domains registered on the website of the Contractor shall be intended only for use in the legal purposes which aren't violating the law of any countries.
1.6. The customer is obliged will study rules of registration and use of domains on the official site of domain zones.
1.7. It is forbidden to register domain names breaking the basic agreement of the public offer.
1.8. At the time of registration of a domain name it shall be free, only such domain name can be registered.
1.9 Delegation, a partitioned, transfer and servicing of a domain name can be performed only on the website of the Contractor.
1.10. The contractor doesn't bear responsibility for operability of domain names which were registered not on dns - servers of the Contractor.
1.11. The contractor doesn't bear responsibility for the possible delays in case of registration of domain names connected with possible technical difficulties in case of registration on the website of the Contractor, or on the website of the registrar.
1.12. When checking the domain on employment, the Contractor doesn't bear responsibility for information obtained as a result of this check – "is busy", "free", "mistake".
1.13. The contractor doesn't bear responsibility for correct operation of whois-servers and their services.
1.14. The contractor isn't engaged in interception of domain names which will just about be released, and the Contractor isn't obliged to register such domain names and to be guided by point 1.12.
1.15 The customer who ordered a domain name on the website of the Contractor in case of registration is obliged to specify all personal data authentically and in full.
1.16. The period of action of domain names shall be prolonged not later than 10 days before its termination. In case of a payment delay more than for 20 days such domain can be partitioned, and the order can be considered as it is cancelled and to carry over to other Internet user.
1.17. The domain name can be registered on any dns-servers of any hosting provider, the register or other Internet service supporting the dns-server.
1.18. Personal data which the user entered in case of registration (in particular the Full Name, phone, e-mail, etc.) can be available to public viewing by means of the whois service. For concealment of personal data it is necessary to order the corresponding service.
1.19. The contractor doesn't bear responsibility for instant change of dns-servers if for any technical reasons automatic change didn't happen.
1.20. All domain names are registered on the data provided by the Customer on the website of the Contractor.
1.21. For transfer of the domain on the Customer's website, the Contractor needs to provide a confidential code of the domain for this transaction, if necessary to pay transfer service.
1.22. For transfer of the domain from the Customer, the Contractor needs to pay service of prolongation of the domain, in cases if date of termination of service constitutes less than 60 days.
1.23. This application can change and be edited. The Contractor is obliged to notify the Customer on the website by means of a news feed on any changes.
1.24. In case of identification of violation of this agreement or the basic agreement the domain name can be not registered / partitioned.
1.25. Return of a money for registration of domain names not to be made.
Ticket, ticket system – a means of exchanging information messages.
1.1. Information support is performed on the official site of the Contractor, through the single center of support.
1.2. Customers who use active services of the Contractor have the right to use information service of support.
1.3. The working hours of information service of support of the Contractor are round-the-clock.
1.4. Working hours of sales office, claims, and managements daily from 10:00 till 23:00 on server time.
1.5. The interval between replies of all support departments is distributed dynamically and can't be guaranteed the instant answer, approximate time constitutes of the 30th minute till 12 o'clock, depending on degree of load of the billing center, time of day and a day of the week.
1.6. The basis for support is the electronic request through a ticket system or e-mail.
1.7. The customer shall adhere to priorities of creation of requests. There are three levels of a priority of requests: a ticket priority "low" - questions not of urgent nature, a ticket priority "average" are considered - questions of the average level of importance, a ticket priority "high" are considered - questions of the emergency nature are considered.
1.8. The information service of support provides the help in a type of oral information and text messages.
1.9. In case of the request for the help the Customer shall give as much as possible specific information which would help to resolve the arisen issue, in particular, right data of access and the detailed description of a problem.
1.10. In cases of claims to work of information technical support, the Customer shall send the corresponding request in department of claims, having specified in it all details of the claim, including number of a ticket.
1.11. Provision to the Customer of reliable information which would help to solve his problems connected with use of services belongs to duties of information service of support.
1.12. The information service of support doesn't perform setup and consultation on the third-party software. Such help can be performed at the discretion of the employee Contractor who conducts dialogue in the Customer, additional wishes of the Customer can be executed on a paid basis.
1.3. The information service of support temporarily stops the work in case of engineering problems, because of updating of the software, because of unavailability of the website in a case the planned and/or unplanned works, because of breakdown of the equipment on which the billing center and other engineering problems in DPC, in connection with item 8 of the basic agreement is placed.
1.14. The information service of support doesn't bear responsibility for the correct work of any websites and/or the Customer's web applications.
1.15. The support service can give answers to frequently asked questions in the form of links to instructions or to information of software developers.
1.16. If the Customer didn't receive the answer during the specified time (item 1.5), then it is necessary to create an additional request with a similar subject.
1.17. In case of the appeal to support service it is forbidden there is in alcoholic/drug intoxication, a use in correspondence of any offensive language, including the "veiled" mat.
1.18. This application can will change without prior consent the Customer.
1.19. Not observance of simple rules, can bring to shutdown of information service of a passing braid for the Customer.