Statement Of Work
1. General terms
1.1. All rules and recommendation listed in the current Statement are mandatory for the Subscriber.
1.2. All services are provided to the Subscriber by the Provider in case of technical capability.
1.3. The Provider doesn’t bear responsibility for Subscriber’s information integrity, as well as for failures in sending, late delivery, data deference, files removal, etc.
1.4. The Provider doesn’t bear responsibility for direct and indirect loss of the Subscriber that was caused by gaps and breaks in work, data deference, errors, etc.
1.5. The Provider doesn’t bear responsibility for the quality of communication lines of public service.
1.6. The Provider guarantees to adhere the terms of the current Agreement, but doesn’t guarantee uninterrupted services providing, as well as faultless functioning of software developed by third parties. The Provider guarantees taking all possible steps for providing high level security for information of the Subscriber, including protection from viruses and malware.
1.7. By accepting the terms and conditions, the Subscriber takes full responsibility for possible risks related to work in the Internet upon himself.
1.8. The Provider doesn’t bear responsibility for the Agreements entered into between the Subscriber and third parties.
1.9. If any claims are brought against the Subscriber’s resource, the Provider reserves the right to reveal information of the Subscriber to third parties for dispute resolution.
1.10. If the Subscriber provides access to his services and resources to a third party, he bears responsibility for the actions of the third party, not the Provider.
1.11. If the Subscriber violates the rights of third parties, using the services of the Provider, the responsibility falls on the Subscriber.
1.12. The mutual relationship between the Subscriber and the Provider is regulated by the Agreement and the Statement, and if any disputes arise, they will be resolved in accordance with the current Law.
2. Ban for storing and distributing illegal information
2.1. The Provider doesn’t bear responsibility for hosting, storing and distribution of the information by the Subscriber with the aim of Provider’s services.
2.2. The Provider doesn’t monitor all Content of the Subscriber stored or published on its resources. The Subscriber bears full responsibility for the Content.
2.3. The provider doesn’t perform control and precensorship for the content that is hosted by the Provider. In case of gross violations of the Agreement, the Statement and/or claims at the feet of the Subscriber from third parties, the Provider preserves the right to suspend services providing to the Subscriber until the moment of conflict resolution.
2.4. The Provider has the right to suspend providing services to the Subscriber, remove resource, and disable hardware and/or software means without previous notice in cases of:
1) Storing, using, publishing, hosting, distribution of illegal, malicious Content (Malware, botnet controllers and others)., as well as information that propagandize human discrimination, threats and offences of organizations, companies and people.
2) Hosting copyright information without permission of the copyright owner.
3) Publishing and distribution of the information and materials that contravene the law of the country of posting information and rules of international law.
4) Collecting, distributing and using personal information of third parties.
5) Publishing links to resources that contain information that contravenes the law of the Russian Federation.
3. Prohibition on unauthorized access
The Provider reserves the right to suspend providing services to the Subscriber without previous notice, disable software and/or hardware means, block or remove the resource, cancel the Subscriber’s registration, if:
3.1. The Subscriber can injure the work of the Provider by his actions, including failures in the work of hardware and software resources of the Provider.
3.2. The Subscriber performs action that can break the normal functioning on any network elements, including computers and software that are not the property of the Subscriber.
3.3. The Subscriber publishes on his resource, sends, distributes information of software that contain viruses and malicious codes, unlockers, utilities and files that contain serial numbers for software products, applications for breaking the security of commercial software, as well as the programs for the dysfunction of other computers and their software. The violation includes not only the distribution of aforementioned programs and data, but also placing links to them.
3.4. The Subscriber sends information that doesn’t contain anything useful, but creates extra loads on software and/or hardware, as well as intermediate network nodes.
3.5. The Subscriber performs scanning the structure of the Network for revealing open ports and vulnerable spots of security system without the permission of administrator and the owner of the scanned resource.
4. Prohibition on counterfeit
The Provider reserves the right to suspend providing services to the Subscriber without previous notice, disable hardware and software means and services, remove the resources of the Subscriber, his personal information and Content, as well as registration, if:
4.1. The Subscriber performs his activity, claiming to be a representative of an organization or a company without appropriate rights for this.
4.2. The Subscriber claims himself to be another person.
4.3. The Subscriber uses any fraudulent means for illegal representation of other bodies in the network, either legal or individual.
4.4. A targeted IP spoofing and counterfeit of other identification means by the Subscriber is evidenced.
4.5. The Subscriber uses addresses, email addresses, phone numbers, passwords, logins and other information that doesn’t belong to the Subscriber as his own contact information. The exception is the cases when the real owner of these data has ordered their use to the Subscriber.
5. Prohibition on unagreed data transfer
The Provider reserves the right to suspend providing services to the Subscriber without previous notice, disable hardware and software means and services, remove the resources of the Subscriber, his personal information and Content, as well as block account, if:
5.1. There are actions of the Subscriber that are aimed for transferring, distribution or sending information, including advertisement information, without explicit consent of addressee.
5.2. The Subscriber hosts advertisement information on the websites of third parties without their permission.
5.3. The Subscriber initiates spam and sends the same email to many users, and/or there is a bulk mail-out of multiple emails to one addressee.
5.4. Email addresses are automatically subscribed for mailout without previous consent of the email address owners, and so called ‘forced subscription’ takes place.
5.5. The Subscriber sends emails to addressees that not only didn’t give their consent for the mailout, but also stated their dissent for this.
5.6. The Subscriber does advertising specific services and/or propagation that are forbidden by the current law of the Russian Federation.
5.7. There is no option to unsubscribe for subscription in periodic mailout.
5.8. The Subscriber distributes email address databases, multilevel marketing and pyramids schemes.
5.9. The subscriber uses a server for traffic generation like: DDOS, torent, VPN, proxy and so on
6. The attribution of copyright rights of the Provider
6.1. By signing the Agreement the Subscriber understands and agrees to the statement that all information, software and services provided by the Provider contain data protected by Copyright law.
6.2. The Subscriber cannot distribute, sell and/or modify the provided programs and Content, both entirely and by parts.
6.3. By agreeing to the terms and conditions of cooperation with the Provider, the Subscriber receives non-transferable right for using the software on one computer. At the same time the Subscriber is obliged to guarantee that neither he nor third parties in association with him will not modify or copy software, rent it out, transfer or sell to third parties.
6.4. The Subscriber bears full responsibility for violating the copyright rights in full accordance with the law of Russian Federation and the current Statement.
7. Claims examination procedure
7.1. All disputes are considered and resolved in all using a claim procedure.
7.2. In case the Subscriber has claims to the Provider, he must provide them in written form in order established in accordance with legislation. After this the Provider accepts and examines the Subscriber’s application.
7.3. The Provider accepts claims for the activity of the Subscriber and his resources from third parties also in written form. Claims provided in electronic form will not be considered.
7.4. The application for claim must contain the following:
7.4.1. An applicant is a private person – full name, residence address (Provider’s answer to the filed claim will be sent to this address), passport data or data of any other document that substitutes it.
7.4.2. An applicant is a legal body – full organization name, registered organization address, State Registration Certificate data and bank account details, if such exist.
7.4.3. Regardless of whether an applicant is a private person or a legal body, the application for claim should contain the object of claim and the ground for filing it, the list of documents attached to the claim and the claim amount. The claim must be signed either by the Applicant (including the cases when the Applicant is a private person), or by the representative of the legal body that has right for this. If the claim is composed correctly, it will be considered within 60 calendar days from the moment of acceptance.
7.5. If during negotiations between the Provider and The Applicant the dispute was not resolved, the further proceedings in a case are moved to the court where the Provider is located.
7.6. If there are some technical questions, the Provider has a right to involve experts for defining the guilt of the Subscriber. If his guilt is proved by representatives of the competent organization, the Subscriber will be obliged to compensate the expenses for the production of expert evidence to the Provider.
8. Final clauses
8.1. The current Statement puts the Subscriber under bans and limitations, the violation of which means immediate imposition of sanctions by the Provider.
8.2. The Provider has the full right to terminate the Agreement for cooperation, remove the resource of the Subscriber and/or his personal information with no reason given.
8.3. If the Agreement and the current Statement is violated, the Provider has the right to suspend providing services to the Subscriber, disable hardware and software means, as well as provided services until the Subscriber doesn’t rectify violations. At the same time the Subscriber is not excused from the fulfillment of all terms of the current Statement and the Agreement.
8.4. Any transfer of information that was generated automatically, and any automatic addressing to the services of the Provider can be banned by the Provider at any time.
8.5. Provider’s Administration has the right to send informational emails to Subscribers.
8.6. Any lack of action from the side of the Provider in case of violations of the Agreement and/or Statement doesn’t mean that sanctions will not be applied later. In case of repeated, and especially similar violations, the sanctions will be automatically increased.
8.7. If the court annuls one of the Agreement or the Statement paragraphs, the rest of terms of the Agreement and the Statement remain in force.
8.8. The Provider preserves the right to modify the current Statement in its sole discretion without a special notice with the description of all rules and current limitations. The current version of the Statement is always published on the Provider’s website.