1.1. These Regulations establish uniform rules and requirements that the Subscriber is obliged to comply with when using The services of the Provider.
1.2. All Services are provided by the Provider only if there is a technical possibility of their provision. The subscriber uses the Provider's Services, as well as any materials obtained using the Provider's Services, at its own risk. Provider is not responsible for any damage that may be caused to the computer (and/or any other equipment) and/or data as a result of downloading these materials.
1.3. The provider shall not be liable for any direct or indirect damage caused to the Subscriber as a result of the use or inability to use the Services or as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation or transmission of data, or changes in functions or other causes.
1.4. Provider is not responsible for any delays, failures, incorrect or late delivery, deletion or failure to store any information of the Subscriber.
1.5. The provider is not responsible for the Subscriber's claims to the quality of connection to the Internet, related to the quality of the networks of other Providers, the policy of traffic exchange between Providers, with the functioning of the equipment and software of the Subscriber and other circumstances outside the competence, influence and control of the Provider.
1.6. Provider is not responsible for the quality of public communication channels and data networks, including the Internet, through which access to the Services.
1.7. The provider, observing the established quality of the Services, does not guarantee their absolute uninterrupted or error-free and does not guarantee that the software produced by third parties or any other materials used to provide the Services are absolutely protected from computer viruses and other harmful components. The provider shall take all reasonable measures to protect the Subscriber's information.
1.8. Provider services may contain links to other resources. Provider assumes no responsibility for the availability of these resources and for the information, data, text, programs, music, sounds, photos, graphics, videos, messages and other materials (hereinafter - the Content) posted on these resources, as well as for any consequences associated with the use of the Content of these resources.
1.9. The subscriber undertakes not to reproduce, repeat or copy any part of the provider's services, except where such written permission is given by the Provider.
1.10. The subscriber assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the properties of goods and services distributed on the Internet by the Subscriber through the Services.
1.11. The provider is not responsible for any Contracts between the Subscriber and third parties.
1.12. The provider is not responsible for the violation of the rights of third parties arising from the actions of the Subscriber committed using the Services provided by the Provider.
1.13. If the Subscriber provides third parties with access to its resources and services, the subscriber shall be solely responsible for the activities of such third parties.
1.14. In case of claims on the use of the computing environment (including its content) of the Subscriber, the latter agrees to the disclosure of the subscriber's personal data By the Provider to a third party for the purposes of resolving the dispute directly between the Provider and a third party.
2. Prohibition of storage, placement, distribution of illegal information.
2.1. The provider does not control the content of the subscriber's computing environments (Hereinafter - the Content) stored, processed, published or distributed (transmitted) by the Subscriber using the services provided and is not responsible for the accuracy, quality and content of such Content.
2.2. The subscriber is fully responsible for all Content posted (uploaded) for public access or transmitted privately or available in any other way through the Services of the Provider.
2.3. The provider is not responsible for the content of information nodes created and maintained by the Subscriber or its users, and does not carry out any prior censorship. In case of violation of the legislation of the Russian Federation, the provision of Services may be suspended without prior warning. In this case, the Provider has the right to monitor the content of the subscriber's computing environments or its users, if necessary.
2.4. The provider has the right to immediately, with/without prior notice, suspend the provision of Services to the Subscriber and disable the software and/or hardware of the Subscriber and/or remove the computing environment and/or part of it and/or registration of the Subscriber (login and password) and/or other information of the Subscriber in the following cases:
2.4.1. Subscriber's actions aimed at sending, publishing, transmitting, reproducing, downloading, posting, distributing in any way, as well as in any form to use the software and/or other materials obtained through the Services, in whole or in part, protected by copyright and related or other rights without the permission of the right holder, as well as Content that is illegal, harmful, threatening, defamatory, offends morality, promotes hatred and/or discrimination against people on racial, ethnic, sexual grounds, religious, social, contains insults to specific individuals or organizations that affect any patent, trademark, trade secret, copyright or other proprietary rights and/or copyright and related rights of a third party;
2.4.2. Placement by the Subscriber of links to network resources, the content of which is contrary to the current Legislation of the Russian Federation;
2.4.3. Installation of software designed to work with file sharing (such as eDonkey, BitTorrent, etc.), as well as placing links to any materials, in whole or in part, protected by copyright and related or other rights without the permission of the copyright holder, as well as prohibited by applicable law;
2.4.4. Distribution and/or publication of any information that contradicts the requirements of the current Legislation of the Russian Federation, the provisions of licenses of the Federal service for supervision of mass communications, communications and protection of cultural heritage, international law, and infringes the rights of third parties (violation of the rights of minors and/or harming them in any form; infringement of the rights of minorities, etc.);
2.4.5. Placement and promotion of pornography and child eroticism, as well as advertising of sexual services;
2.4.6. Posting and/or transmitting information of an illegal nature, including materials that incite ethnic hatred, incite violence against any person or group of persons, or inhuman treatment of animals, call for the Commission of illegal activities, including explaining the procedure for the use of explosives and other weapons, etc.;
2.4.7. The presence on the part of the Subscriber of actions aimed at sending, publishing, transmitting, distributing in any way information about third parties that are not true, or in any way affect the honor and dignity of individuals or the business reputation of legal entities;
2.4.8. The availability on the Subscriber side of the action, to send, publish, transfer, distribute, use, collect, store personal identification data (names, addresses, telephone numbers, etc.) of third persons except for cases when these persons have expressly authorized Subscriber to such use.
2.4.9. Publication or distribution by the Subscriber of any information or software that contains codes, in their action corresponding to the action of computer viruses, hacker programs, Trojans and spyware, spyware class programs or other components equated to them;
3. Prevent unauthorized access and network attacks.
3.1. The provider has the right to immediately, with/without prior notice, suspend the provision of Services to the Subscriber and/or disable the software and/or hardware of the Subscriber and/or remove the computing environment or its part and/or registration of the Subscriber (login and password) and/or other information of the Subscriber in the following cases:
3.1.1. If, in the opinion of the Provider, the subscriber's use of the Services may cause damage to the Provider and/or cause failure of hardware and software of the Provider and third parties;
3.1.2. The availability on the Subscriber side of the action, to send, publish, transmit, distribute in any way any information or software which contains viruses or other harmful components, computer codes, files or programs meant for violation, destruction or limitation of functionality of any computer or telecommunications equipment or programs for unauthorized access and serial numbers for commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
3.1.3. Actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software) that do not belong to the Subscriber;
3.1.4. Violation of the normal order of communication in the Network, including the use of settings that make it difficult to exchange information in real time, including "scrolling" the screen at a speed that does not correspond to the usual capabilities of users to enter information, open additional browser Windows, etc.;
3.1.5. Actions aimed at obtaining unauthorized access to the network resource (computer, other equipment or information resource), the subsequent use of such access, as well as the destruction or modification of software or data not belonging to the Subscriber, without the consent of the owners of this software or data or administrators of this information resource. Unauthorized access means any access in a way other than the intended owner of the resource;
3.1.6. Carrying out actions on transfer to computers or the equipment of the third parties of the senseless or useless information creating excessive (parasitic) loading on these computers or the equipment or the software, and also intermediate sites of the Network in the volumes exceeding minimum necessary for check of connectivity of Networks and availability of its separate elements;
3.1.7. Carrying out actions to scan network nodes in order to identify the internal structure of Networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the checked resource;
3.1.8. Provision of open (i.e. not requiring authorization) mail relays, open anonymous proxy servers, open news servers, etc.
4. Prohibition of falsification.
4.1. The provider has the right to immediately, with/without prior notice, suspend the provision of services to the Subscriber and/or disable the software and/or hardware of the Subscriber and/or remove the computing environment or its part and/or registration of the Subscriber (login and password) and/or other information of the Subscriber in the following cases:
4.1.1. The presence on the part of the Subscriber of actions aimed at impersonating another person or a representative of the organization and/or the community without sufficient rights, including for the employees of the Provider, for moderators/administrators of computing environments, their parts, as well as misleading about the properties and characteristics of any subjects or objects;
4.1.2. Falsifying your IP-address and means of identification used in other network protocols, as well as addresses used in other network protocols, when transferring data to The Internet;
4.1.3. Use by the Subscriber of any forms and methods of illegal representation of other persons in the Network;
4.1.4. Providing as identification data names, addresses, phone numbers, logins, passwords, e-mail addresses (including as a return address in e-mail), etc., not belonging to the user, or non-existent, except when the owners of these data authorized the Subscriber to use them;
5. Prohibition of inconsistent transfer of information, data, text (spam).
5.1. The provider has the right to immediately, with/without prior notice, suspend the provision of services to the Subscriber and/or disable the software and/or hardware of the Subscriber and/or remove the computing environment or part of it/or registration of the Subscriber (login and password) and/or other information of the Subscriber in the following cases:
5.1.1. The presence of the Subscriber's actions aimed at sending, transmitting, distributing in any way without the consent of the addressee, publish and/or reproduce on the resources of third parties without their consent the information containing advertising (in particular, letters containing a link to a network resource and implying that the recipient should visit it, are considered advertising) and other materials for advertising purposes (spam, including search). The concept of "spam" is determined by the well-known "rules of use of the Network" posted on the Internet and is a custom of business turnover. Not allowed: inconsistent sending of one letter to multiple recipients or inconsistent multiple sending of letters to one recipient; inconsistent sending of letters of more than one page or containing attached files;
5.1.2. Subscriptions of the mailing address to any periodic mailing without prior confirmation of the owner of the address (forced subscription). If the subscription is a prerequisite for registration on any resource, the user must be explicitly indicated to this prior to registration. An indication in the letter of how to unsubscribe from a compulsory subscription (for example, by clicking on the attached link or sending a letter with a request for removal) can not serve as an excuse, because it forces to perform these actions of a person who did not subscribe to the newsletter. The usual method of address verification is a two-phase confirmation: after an attempt to sign the mailing address, a confirmation request must be sent to this address. If the owner of the address really wants to subscribe to the newsletter, he must perform some actions (click on the link, reply to the letter, etc.). If the owner of the address does not want to receive the newsletter, he can not be required to perform any action. The subscription confirmation request must not contain any advertising, commercial or promotional information;
5.1.3. Periodic mailings that do not contain an explicit indication of how to unsubscribe from them;
5.1.4. Sending information to persons who have previously expressed their unwillingness to receive this information;
5.1.5. Advertising of Services, the distribution of which is limited or prohibited by the current legislation of The Russian Federation;
5.1.6. The presence on the part of the Subscriber of actions aimed at sending, transmitting, distributing in any way lists of other people's e-mail addresses, pyramid schemes, multi-level (network) marketing (MLM), systems of Internet earnings and e-mail-businesses, as well as to participate in these events (sending uncoordinated letters with links to the services provided by the Provider, including e-mail addresses, websites, bookmarks, etc.) may be considered participation in events prohibited by this paragraph, even if the submission was made without the direct use of mail servers of the Provider);
5.1.7. Ensure connectivity with the servers and subnets used regularly for inconsistent mailings; web hosting, support email addresses, support for DNS servers for the domains that are used to distribute lists of email addresses and/or offering the organization of an inconsistent mass mailings and/or advertising program, specifically designed for the organization of uncoordinated mass mailings; as well as support for sites advertised through unsolicited mailings, if there is reason to believe that the owners and/or administrators of these sites are involved in the organization of mailings.
6. The establishment of the Copyright of the Provider.
6.1. Subscriber acknowledges and agrees that all provider Services, as well as all necessary programs related to them, including documentation and source code, contain information that is protected by intellectual property laws and other Russian and international Laws, and provided in the process of using Content services, protected by Copyrights, Trademarks, Patents and other relevant Laws. Subscriber agrees not to modify, sell or distribute this Content and programs, in whole or in part.
6.2. The provider grants the Subscriber a personal, non-exclusive and non-transferable right to use the software, provided Services, on a single computer, provided that neither the Subscriber nor any other person, with the assistance of the Subscriber will not copy or modify the software; create programs derived from the software; penetrate software for the purpose of receiving the codes of the programs; sell, assign, lease, transfer to third parties in any other form of rights in respect of the software services provided under the relevant Agreements, as well as modify the Services, including for the purpose of obtaining unauthorized access to them.
6.3. In case of copyright infringement, liability is provided in accordance with the current Regulations and the Legislation of the Russian Federation.
7. Procedure for claims and disputes.
7.1. The claim procedure for dispute resolution is mandatory.
7.2. Claims of the Subscriber for the services provided are accepted and considered by the Provider only in writing and in the manner prescribed by the current Legislation of the Russian Federation on Communication.
7.3. Claims of third parties on the content of information nodes, created and supported by the Subscriber or its users, on the actions of the Subscriber, carried out using the services provided, must be made in writing. Claims made in electronic form and/or sent to the Provider by e-mail and/or Fax will not be accepted and will not be considered.
7.4. The claim must specify:
7.4.1. name of the applicant (name — for individuals, full name of the organization — for legal entities);
7.4.2. address of location — for legal entities, address of registration and (or) residence — for individuals (index, Republic, region, region, city, town, street, house number, building, apartment/office), that is, the address to which the Provider should send a response to the claim;
7.4.3. data of the certificate of state registration of the organization — for legal entities; data of the document proving the identity (the passport or the document replacing it) — for physical persons;
7.4.4. basis of claim,
7.4.5. claim amount for each individual claim,
7.4.6. Bank details (if any)
7.4.7. list of documents attached to the claim.
7.5. The claim must be signed personally by the applicant (individual) or by an authorized representative of the legal entity. Claims written anonymously will not be accepted or considered. The term of response to the claim of a third party is set at 60 (sixty) calendar days from the date of its receipt.
7.6. If there is no agreement between the Parties in the negotiations, the dispute arising from the relevant Agreement shall be considered in court at the location of the Provider.
7.7. In order to solve technical issues in determining the guilt of the Subscriber as a result of his / her illegal actions in the use Of the Internet, the Provider has the right (but not obliged) to involve competent organizations as experts. In case of establishing the fault of the Subscriber, the latter is obliged to reimburse the cost of the examination.
7.8. In case of receipt by the Provider of claims of third parties related to the violation of intellectual property rights, this claim shall be sent to the Subscriber through the Personal account. The subscriber undertakes to consider such a claim and within 24 hours from the moment of sending the claim in the Personal account to remove the materials in respect of which the violation is stated or to submit reasoned objections with the mandatory application of documents substantiating the arguments of the Subscriber.
If within the period specified in the previous paragraph the Subscriber has not notified the Provider about the removal of materials or has not sent a reasoned refusal to remove materials, as well as has not provided evidence of the legitimate use of the results of intellectual activity, the Provider has the right to make a full or partial blocking of Services.
the Response to the claim must contain the full details of the Subscriber. The Subscriber hereby gives the Provider unconditional consent to the transfer of the response to the claim containing personal data to the rightholder (his representative) to whom the claim is submitted.
8. Final provision.
8.1. Support for actions aimed at violation of the restrictions and prohibitions imposed by these Regulations, support in any way of the above actions, including refusal to suppress them or failure to take appropriate measures, is recognized as a violation of the Regulations and entails the imposition of appropriate sanctions.
8.2. The suspension of services, services (and their parts), and/or disabling the software and/or hardware of the Subscriber occurs before the execution by the Subscriber of the requirements of the Provider to remedy the violations without explanation and does not cancel the execution by the Subscriber of all its obligations under the Contract.
8.3. Removal of computing among or its part and/or registration of the Subscriber (login and password) and/or other information of the Subscriber is also carried out by the Provider without explanation and without the possibility of recovery.
8.4. The provider has the right at any time to prohibit automatic access to its services, as well as to stop receiving any information generated automatically (for example, e-mail spam).
8.6. The provider at its discretion may cease to maintain connectivity with Networks that violate the principles of interaction.
8.7. The provider has the right to send information messages to Subscribers.
8.8. The provider has the right of unilateral change without any special notification of all described restrictions and rules. The current version of the Regulations is always available on the provider's website.
8.9. The court's recognition of any provision of these Rules as invalid or unenforceable shall not entail the invalidity or unenforceability of other provisions of the Rules.
8.10. Inaction on the part of the Provider in case of violation by the Subscriber or its users of the provisions of these Regulations does not deprive the Provider of the right to take appropriate action to protect their interests later, and does not mean the provider's waiver of their rights in the event of subsequent such or similar violations.