PUBLIC OFFER AGREEMENT
on provide a computing environment
PINVDS OÜ (hereinafter - the "Provider"), represented by the director Nikolai Valerievich Metlyuk, acting on the basis of the Charter, publishes this agreement on the computing environment, which is a public offer agreement (offer) in accordance with clause 2 of article 437 of the Civil Code of the Russian Federation in the address of any individual or legal entity, hereinafter referred to as the "User".
Acceptance – full and unconditional acceptance of the terms of this offer-is considered to be the User's registration in the Provider's Personal Account ( https://b.pinvds.ru
1. SUBJECT OF THE AGREEMENT
1.1. The Provider undertakes to provide the User with computing environments on the global Internet (hereinafter referred to as Services), in accordance with the current Regulations (see Appendix No. 1) and the Price List, and the User, in turn, undertakes to accept these services and pay for them.
1.2. All these appendices are integral parts of this Agreement.
1.3. Ordering services, changing them, disabling them, as well as other actions, including technical support, are performed in the User's Personal Account at https://b.pinvds.ru
1.4. For the purposes of this agreement, a computing environment is understood as a software and hardware industrial IoT platform, which is a set of software and hardware objects that have a permanent Internet connection, use various forms of virtualization and allow hosting IoT services, as well as other services and applications.
Integral elements of a User's custom computing environment may include, but are not limited to (if allowed by the Provider): connecting domains, connecting IP addresses, SSL encryption, software interfaces.
1.5. The Provider has the right (while maintaining the guaranteed quality of services) to use a software and hardware complex that is in the process of testing and development when providing services.
2. OBLIGATIONS OF THE PARTIES
2.1. The Provider undertakes to:
2.1.1. Provide the User with the Services specified in the Agreement, 24 hours a day, daily without interruptions in accordance with the current Price List and Regulations, except for the necessary preventive and repair work, as well as the circumstances/factors provided for in Chapter 6 of this agreement.
2.1.2. Provide advice on issues that arise from the User in connection with the use of the Services.
2.1.3. Grant the User access to the Personal Account;
2.1.4. Keep records of consumption and payment for User Services using their accounting devices;
2.1.5. Maintain a Personal account of the User, on which timely reflect the receipt and write-off of funds in payment for Services;
2.1.6. Promptly notify the User about changes in the Price List and the Rules of Service Provision by publishing relevant information on the Provider's website. In case of disagreement with the new version of the documents, the User may terminate the Agreement in accordance with clause 11.4.
2.1.7. Maintain the confidentiality of the User's information received from him during registration in the Personal Account, as well as the content of private e-mail messages, except for cases provided for by the current legislation of the Russian Federation and this Agreement;
2.2. The User undertakes to:
2.2.1. Before entering into the Contract, carefully read the Rules and Price List of the Provider. By accepting this Agreement, the User confirms that he is familiar with and agrees with the Rules and Price List, that he understands all the conditions contained in the Rules and Price List.
2.2.2. Comply with all the requirements set out in the Regulations during the entire term of this Agreement.
2.2.3. Register in your Personal Account.
2.2.4. Accept the Services provided by the Provider.
2.2.5. Monitor the status and timely replenishment of your Personal Account (hereinafter referred to as the Account), which takes into account all information about the Services consumed and payments, and make timely payment for the Services provided by an advance payment in accordance with the Price List.
2.2.6. Periodically, but at least once a week, check for changes in the Annexes to the Agreement published on the Provider's website, as well as other technological and organizational changes.
3. SERVICE COST AND PAYMENT PROCEDURE
3.1. The cost of Services under the Agreement is determined by the current Price List posted on the Provider's website in the "Services" section, available at the link https://pinvds.com
it is recorded in the payment invoices.
3.2. Payment for all Services provided to the User is made in rubles by advance payment and is accepted only through electronic payment systems (payment agents of the Provider), a list of which can be found on the website https://pinvds.com
. The minimum amount of prepayment and the list of services is set by the Price List. The minimum period of use of the service, which is payable in advance, is 1 (one) calendar month.
3.3. The Provider, in accordance with the current Price List, takes into account information about the Services consumed based on calculations in the Personal Account, as well as payments made by the User on his Personal Account. The Provider provides the User with access to information about their Account.
3.4. If the funds in the Account are completely exhausted, the Provider has the right to suspend or terminate the provision of Services to the User.
3.5. The fact of payment for Services is considered to be the receipt of information from the electronic payment system (payment agent of the Provider) about the payment.
3.6. In case of non-receipt of funds to the User's account number, the Provider accepts claims only after the User has taken all possible measures to resolve the dispute with the payment agent of the Provider who accepted the electronic payment from the User.
4. TERMINATION OF ACCESS TO THE SERVICE
4.1. The provider may terminate the provision of Services to the User, or to terminate the contractual relationship with the User unilaterally, with the simultaneous sending written or electronic notice of the Services or any additional Service in basic Services in the case that the User is involved in actions that violate rules and regulations use of Service set forth in this Agreement, its Annexes and Additions.
4.2. In case of repeated or malicious violation of the Terms of Service by the User, the Provider has the right to terminate the provision of Services without warning.
4.3. In case of early termination of the provision of Services in accordance with this Agreement, a refund is made minus the amounts for payment for Services that the User has used since the conclusion of the agreement, as well as the bank commission for receiving/returning funds.
4.4. Upon termination of the provision of the Service, its part and any additional Service within the framework of the main Service on the basis of clauses 4.1., 4.2. of this Agreement, the subscription fee is not refunded and is not compensated.
4.5. Upon termination of the provision of Services, the Provider is not responsible for notifying or not notifying any third parties about the User's withdrawal of access and for possible consequences resulting from such a warning or its absence.
4.6. If the User has not made a timely payment for Services under this Agreement, the Provider suspends the provision of Services to the Subscriber for a period of no more than 15 days. After 15 days from the moment of suspension of the provision of Services, the Provider deletes the User's computing environment without the possibility of recovery.
4.7. In the cases provided for in clause 4.1., 4.2 of this Agreement, the Provider has the right to delete the User's computing environment without the possibility of recovery 5 days after the suspension of Services.
5. LIMITATION OF LIABILITY
5.1. The Provider, while complying with the relevant Regulations, does not guarantee the absolute uninterrupted or error-free operation of the Services, 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 malicious components.
5.2. The Provider is not responsible for lost profits and any indirect losses incurred by the User during the use or non-use of the Services/Works of the Provider (full or partial). The Provider is responsible for any damage caused to the User as a result of the use or non-use of the Services/Works Provider (full or partial) only if it is proved the fault of the Provider, in the amount Pro rata the subscription fee for the downtime period, net of banking fees upon receipt/refund.
5.3. The Provider is not responsible for the quality of the public communication channels through which the services are accessed.
5.4. The user assumes full responsibility and all risks associated with the use of the Internet through the resources and/or services of the provider.
5.5. The Provider is not responsible for notifying any third parties about the deprivation of the User's access and for possible consequences arising from the absence of such a warning.
5.6. The User agrees to release the Provider from liability for claims of third parties who have signed Contracts with the User for the provision of Services that are partially or completely provided by the User using the Provider's Services.
5.7. Provider under any circumstances shall not be liable to User for consequential damages. The term "indirect loss" includes, but is not limited to: loss of income, profit, expected savings, business activity or reputation.
5.8. In the event that any clause of this Agreement is found to be unenforceable, it shall be interpreted in accordance with applicable law, taking into account the original interests of the Parties, and the remainder of the Agreement shall remain in full force and effect. Failure by the Provider to comply with any clause of this Agreement does not mean a refusal to comply with this clause. The established practice of the Parties ' behavior or the practice of providing similar Services cannot be the reason for changing the provisions of this Agreement.
5.9. In the event of unsettled claims between the Parties, each of them may defend their violated rights in accordance with the procedure established by the Legislation of the Russian Federation.
6. FORCE MAJEURE
6.1. The Parties are released from liability for partial or complete non-performance of obligations under this Agreement caused by force majeure circumstances that arose after its conclusion. Such circumstances, in particular, include: accidents that caused a violation of the integrity of the Provider's network; power outage of the active equipment of the Provider's network; natural disasters; natural and industrial disasters; terrorist acts; military operations; civil unrest; adoption by state authorities or local self-government bodies of acts containing prohibitions or restrictions on the activities of the Parties under this Agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the Parties under the Agreement.
6.2. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the term of fulfillment by the Parties of such obligations is postponed in proportion to the time of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days. In the event that force majeure circumstances continue to operate for more than the specified period, or when they occur, it becomes obvious to both Parties that they will operate for more than this period, the Parties undertake to discuss the possibility of alternative ways to perform this Agreement or terminate it without compensation for losses. In this case, the Provider undertakes to return the Subscriber unused funds under the Contract.
7. CONFIDENTIAL INFORMATION
7.1. The Parties undertake, without mutual consent, not to transfer (disclose) to third parties commercial and organizational and technological information that is a secret for any of the Parties (hereinafter referred to as "Confidential Information") in cases where:
7.1.1. There is no free access to such information on a legal basis;
7.1.2. Such information has actual or potential value due to its unknown nature to third parties.
7.2. The Party, by virtue of the Contract, which has acquired such information, takes appropriate measures to ensure its confidentiality.
7.3. Confidential information is subject to protection during the entire term of the Agreement
7.4. If the User is an individual, then in accordance with Article 6 of the Federal Law" On Personal Data " No. 152-FZ of July 27, 2006 for the period of conclusion of this Agreement, the User agrees to the processing by the Provider of his personal data, namely: Full name, passport data, address of the place of registration/location, phone/fax number, e-mail address.
7.5. The Provider has the right to process the specified personal data in order to ensure the validity of this Agreement, including providing information and reference services to the User. Processing of personal data means actions related to personal data, namely: collection, storage, systematization, accumulation, clarification, use, depersonalization, blocking and destruction.
7.6 The Provider has the right to request biometric personal data of users in order to identify the user's identity
7.7. By accepting the terms of this Agreement, the User agrees to the storage and processing of personal data by the Provider for the purpose of fulfilling the Agreement.
7.8. The User agrees to transfer his personal data within the framework of the performance of this Agreement to the Provider to third parties of the information specified in Article 53 of the Federal Law" On Communications " No. 126-FZ of July 07, 2003.
8. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
8.1. The User's claims for the Services provided are accepted and considered by the Provider only in writing and in accordance with the procedure provided for by the current Legislation of the Russian Federation.
8.2. If no agreement is reached between the Parties in the negotiations, the dispute arising from this Agreement is subject to consideration in the Arbitration Court (if the User is a legal entity), or in the court of general jurisdiction at the location of the Provider (if the User is an individual).
8.3. To resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet, the Provider has the right to independently involve competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of conducting the examination..
9. OTHER CONDITIONS
9.1. By this Agreement, the Parties have established that the actions of the User (his authorized representative) performed in the Personal Account accordingly change the rights and obligations of the Parties and the conditions established by this Agreement. Until the User provides information about the change of the authorized person who has the right to act in the Personal Account, the specified person is recognized as the proper representative of the User. Information from the Personal Account in writing, certified by the Provider, is a proper proof of changes in the terms of the Contract.
All notifications sent through the Personal Account are recognized by the parties as made in simple written form.
9.2. The Provider has the right to disclose information about the User only in accordance with the Legislation of the Russian Federation and this Agreement.
9.3. In case of claims for the use of the computing environment (including its content) The User agrees to the Provider's disclosure of the User's personal data to a third party for the purpose of resolving a dispute directly between the User and a third party.
9.4. The Provider has the right to change the terms of this Agreement unilaterally. The effective date of the changes is the date of their publication on the Provider's website. In case of disagreement, the User has the right to terminate this Agreement. In the absence of a written notification from the User within a 10-day (ten-day) period, the changes are considered accepted by the User.
9.5. In order to optimize the management of the computing environment, the User trusts the Provider to perform actions with domain names on its behalf, such as transferring domain names for maintenance to another registrar.
9.6. The Parties agree that the Provider has the right to use anonymized statistics on the use of computing environments, error reports, and any other technical information about the functioning of computing environments for scientific and research purposes, for the purpose of improving the quality of services.
9.7. This Agreement is a public contract on the basis of article 426 of the civil code, the conditions of the public agreement are established identical to all Users, except cases when the law and other legal acts of the Russian Federation may be providing benefits for specific categories of Users.
10. THE MOMENT OF CONCLUSION OF THE CONTRACT. THE PERIOD OF VALIDITY.
10.1. The Agreement comes into force from the moment of acceptance of its terms by the User (acceptance of the offer), in accordance with the procedure established by this Agreement, and is valid indefinitely, as long as the user pays for the services (makes advance payments).
10.2. This Agreement applies to the relations of the Parties from the moment of registration of the User in the Personal Account.
11. PROCEDURE FOR CHANGING AND TERMINATING THE CONTRACT
11.1. The Agreement may be amended by agreement of the Parties.
11.2. The Provider may periodically change this Agreement, its Appendices and Supplements, current tariffs, introduce new Appendices and Supplements to this Agreement by publishing notifications of such changes on the official website of the Provider at least 10 days before the changes come into force. Continued use of the Service after notification will be considered as acceptance of the changes and additions made.
11.3. The Agreement may be terminated at any time by agreement of the Parties.
11.4. The User has the right to unilaterally withdraw from the Provider's Services at any time (including in case of disagreement with the new version of the agreement), provided that the Provider is reimbursed for the actual costs incurred prior to termination.
11.5. In case of early termination of the provision of Services to the User, at his request, the unused funds are returned, except for the cases provided for in this Agreement and its Annexes. In this case, the refund is made only to verified Users, in a non-cash manner. The funds are returned using the same payment system used to make the payment. In the absence of such a possibility, or if such a method seems unsuitable to the Parties or one of the Parties, the method of refund is determined by agreement of the parties. The transfer of the returned funds to a third party at the request of the User is not made.
11.6. Upon termination of the agreement, if there are facts of violation by the User of the terms of the Regulations, the Provider does not refund the amount of money paid by the User for the provision of Services under this Agreement.
11.7. An application for a refund of unused funds is made in any form in your personal account. The application must contain the following details: FULL name (Name) The user, the personal account number, the payment details for which the payment was made, the essence of the application. The application must be accompanied by a copy of the Applicant's/User's passport (if the Applicant is an individual), or the document on the basis of which the Applicant acts (if the Applicant is a legal entity).
11.8.The entire amount of unused funds is subject to refund, with the exception of funds related to transaction costs for processing the refund procedure.
11.9. The maximum refund period after the User submits all necessary documents is 10 working days.
11.10. If the User's funds on the Account are not spent or not claimed by the client within 3 (three) years, these funds are debited to the Provider's income in full.
11.11. In all matters not regulated in this Agreement, the Parties are guided by the current Legislation of the Russian Federation.
12. DETAILS OF THE PARTIES
Provider PINVDS OÜ registration №: 14970883 company address:10141, Eesti, Harju maakond,Tallinn, Kesklinna linnaosa,Sakala tn 7-2.
Appendix No. 1
REGULATIONS for the provision of Services by the Provider
1. General provisions.
1.1. These Regulations establish uniform rules and requirements that the User must comply with when using the Services of the Provider.
1.2. All Services are provided by the Provider only if it is technically possible to provide them. The User uses the Services of the Provider, as well as any materials obtained using the Services of the Provider, at his own risk. The Provider assumes no responsibility 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 is not responsible for direct or indirect damage caused to the User as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transmission, or changes in functions and other reasons.
1.4. The Provider is not responsible for any delays, failures, incorrect or untimely delivery, deletion or non-preservation of any User information.
1.5. The Provider is not responsible for the User's claims to the quality of the Internet connection related to the quality of the functioning of the networks of other Providers, the policy of traffic exchange between Providers, the functioning of the User's equipment and software, and other circumstances that are outside the competence, influence and control of the Provider.
1.6. The Provider is not responsible for the quality of public communication channels and the data transmission network, including the Internet, through which the Services are accessed.
1.7. The Provider, while observing the established quality of the Services, does not guarantee their absolute uninterrupted or error-free operation 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 malicious components. The Provider undertakes to take all reasonable measures to protect the User's information.
1.8. The Provider's Services may contain links to other resources. The 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 referred to as Content) posted on these resources, as well as for any consequences associated with the use of the Content of these resources.
1.9. The User undertakes not to reproduce, repeat or copy any part of the Provider's services, unless such written permission is given by the Provider.
1.10. The User assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for evaluating 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 User through the Services.
1.11. The Provider is not responsible for any Contracts between the User and third parties.
1.12. The Provider is not responsible for the violation of the rights of third parties resulting from the User's actions performed using the Services provided by the Provider.
1.13. If the User provides third parties with access to the resources and services available to them, the User is solely responsible for the activities of such third parties.
1.14. In the event of claims for the use of the computing environment (including its content) The User agrees to the Provider's disclosure of the User's personal data to a third party for the purpose of resolving the dispute directly between the Provider and the third party.
1.15. Computing environments provided to the User by the Provider may be:
1.15.1. Shared computing environment (Type 1).
1.15.2. Isolated computing environment with hardware virtualization support (Type 2)
1.15.3. Isolated computing environment with support for virtualization at the OS level (Type 3)
1.16. The composition, functionality, features of functioning and limitations for each of the computing environments specified in clause 1.15 are described in Appendix No. 2 "Specification of computing environments provided by the Provider" to this Agreement.
2. Prohibition of storing, posting, or distributing illegal information.
2.1. The Provider does not control the content of the User's computing environments (hereinafter referred to as Content) stored, processed, published or distributed (transmitted) by the User using the Services provided and does not bear any responsibility for the accuracy, quality and content of such Content.
2.2. The User 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 User 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 notice. At the same time, the Provider has the right, if necessary, to control the content of the User's or its users ' computing environments.
2.4. The Provider has the right to immediately, with/without prior notice, suspend the provision of Services to the User and disable the User's software and/or hardware and / or delete the computing environment and / or part of it and / or User registration (login and password) and/or other User information in the following cases:
2.4.1. The availability of User actions directed to send, publish, transmit, reproduce, upload, post, distribute in any manner and in any form to use the Services through software and/or other materials fully or partially protected by copyright and related or other rights without the permission of the copyright holder, and Content that is unlawful, harmful, menacing, slanderous, offends moral, promotes hatred and/or discrimination against people on racial, ethnic, sexual, 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 of links by the User to Network resources, the content of which contradicts the current Legislation of the Russian Federation;
2.4.3. Installing software designed to work with file sharing services (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. Dissemination 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, the norms of international law, and infringes the rights of third parties (violations of the rights of minors and / or causing them harm 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 intimate services;
2.4.6. Posting and / or transmitting information of an illegal nature, including materials that contribute to inciting ethnic hatred, inciting violence against any person or group of persons, or inhumane treatment of animals, calling for the commission of illegal activities, including explaining the procedure for the use of explosives and other weapons, etc.;
2.4.7. The presence of actions on the part of the User aimed at sending, publishing, transmitting, distributing in any way information about third parties that do not correspond to reality, or in any way affect the honor and dignity of individuals or the business reputation of legal entities;
2.4.8. The presence of actions on the part of the User aimed at sending, publishing, transmitting, distributing, using, collecting, storing personal identification data (names, addresses, phone numbers, etc.) of third parties, except in cases where these persons have expressly authorized the User to use such data.
2.4.9. Publication or distribution by the User of any information or software that contains codes that correspond in their action to the action of computer viruses, hacker programs, Trojan and spyware programs, 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 User and / or disable the User's software and/or hardware and / or delete the computing environment or part of it and/or User registration (login and password) and/or other User information in the following cases:
3.1.1. If, in the opinion of the Provider, the User's use of the Services may cause damage to the Provider and / or cause a failure of the technical and software tools of the Provider and third parties;
3.1.2. The presence on the part of the User of actions aimed at sending, publishing, transmitting, distributing in any way any information or software that contains viruses or other harmful components, computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to 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. Performing actions aimed at disrupting the normal functioning of Internet elements (computers, other equipment or software) that do not belong to the User;
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. Performing actions aimed at obtaining unauthorized access to a Network resource (computer, other equipment or information resource), subsequent use of such access, as well as destruction or modification of software or data that does not belong to the User, without the consent of the owners of this software or data or the administrators of this information resource. Unauthorized access means any access in a way other than that intended by the owner of the resource;
3.1.6. Performing actions to transfer meaningless or useless information to computers or equipment of third parties that creates an excessive (parasitic) load on these computers or equipment or software, as well as intermediate Network sections, in volumes exceeding the minimum necessary to check the connectivity of Networks and the availability of its individual elements;
3.1.7. Performing 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 resource being checked;
4. Prohibition of falsification.
4.1. The provider may immediately, with or without notice, to suspend the provision of services services to the User and/or disable the software and/or hardware of the User and/or remove computing environment or part and/or check User (username and password) and/or any other User information in cases:
4.1.1. The presence of actions on the part of the User aimed at impersonating another person or representative of an organization and / or community without sufficient rights, including employees of the Provider, 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 identification tools used in other Network protocols, as well as addresses used in other network protocols, when transmitting data to the Internet;
4.1.3. Use by the User 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, usernames, passwords, e-mail addresses (including as a return address in e-mail), etc. that do not belong to the user, or do not exist, except in cases where the owners of these data have authorized the User to use them;
5. Prohibition of uncoordinated transmission of information, data, and text (spam).
5.1. The Provider has the right to immediately, with/without prior notice, suspend the provision of services, services and services to the User and / or disable the User's software and/or hardware and / or delete the computing environment or its part/or User registration (login and password) and/or other User information in the following cases:
5.1.1. The presence on the part of the User of actions aimed at sending, transmitting, distributing in any way without the consent of the addressee, publishing and/or reproducing on the resources of third parties without their consent information containing advertising (in particular, letters containing a link to a certain network resource and implying that the recipient must visit it, are considered advertising) and other materials for advertising purposes (spam, including search). At the same time, the concept of "spam" is defined by the well-known "rules of use of the Network" posted on the Internet and being a custom of business turnover. Not allowed: unsolicited sending of one message to many recipients or uncoordinated multiple emails to a single recipient; unsolicited sending of letters of more than one page or containing attachments;
5.1.2. Subscriptions of the postal address to any periodic mailings without prior confirmation of the address owner (compulsory subscription). If the subscription is a prerequisite for registration on any resource, the user must be explicitly indicated to do so before registration. An indication in the letter of a way to unsubscribe from a forced subscription (for example, by clicking on the attached link or sending a letter asking for deletion) cannot serve as an excuse for it, since it forces a person who has not subscribed to the newsletter to perform these actions. The usual way to verify an address is two-phase confirmation: after an attempt to sign a mailing address for mailing, a confirmation request must be sent to this address. If the owner of the address really wants to subscribe, he must perform some action (click on the link, answer a letter, etc.). If the address owner does not want to receive e-mail, it may 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 explicitly expressed their unwillingness to receive this information;
5.1.5. Advertising Services, the distribution of which is limited or prohibited by the current Legislation of the Russian Federation;
5.1.6. The availability of User actions to send, transmit, distribute in any way lists of foreign e-mail addresses, schemes "pyramids", multilevel (network) marketing (MLM), systems of Internet earnings and e-mail businesses, as well as to participate in these activities (sending unsolicited emails with links to the Provider's services, including e-mail addresses, websites, bookmarks, etc.) can be considered as violation of this bullet, even if the sending was made without the direct use of the Provider's mail servers);
5.1.7. Providing connectivity to servers and subnets that are constantly used for uncoordinated mailings; hosting Sites, support for mail addresses, support for DNS servers for domains used to distribute lists of mail addresses and/or offering the organization of uncoordinated mass mailings and/or advertising programs specifically designed for the organization of uncoordinated mass mailings; as well as support for sites advertised using uncoordinated mailings, if there is reason to believe that the owners and / or administrators of these sites are involved in the organization of mailings.
6. Establishing the Provider's Copyright.
6.1. The User acknowledges and agrees that all Services of the Provider, 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 the Content provided in the course of using the Services is protected by Copyrights, Trademarks, Patents and other relevant Laws. The User agrees not to modify, sell, or distribute this Content and programs, in whole or in part.
6.2. The Provider grants the User a personal, non-exclusive and non-transferable right to use the software provided in the Services on a single computer, provided that neither the User nor any other person, in cooperation with the User, will copy or modify the software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software of the 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 consideration of claims and disputes.
7.1. The claim procedure for dispute resolution is mandatory.
7.2. The User's claims for the Services provided are accepted and considered by the Provider only in writing and in accordance with the procedure provided for by the current Legislation of the Russian Federation on Communications.
7.3. Claims of third parties on the content of information nodes created and maintained by the User or its users, on the actions of the User 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 facsimile will not be accepted and will not be considered.
7.4. The claim must specify:
7.4.1. name of the applicant (full name - for individuals, full name of the organization - for legal entities);
7.4.2. address of the location — for legal entities, address of registration and (or) residence-for individuals (index, republic, territory, region, city, locality, 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 identity document (passport or document replacing it) - for individuals;
7.4.4. grounds for filing a claim,
7.4.5. the amount of the claim 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 deadline for responding to a third party's claim 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 is subject to consideration in court at the location of the Provider.
7.7.In order to resolve technical issues when determining the User's guilt as a result of his illegal actions when using the Internet, the Provider has the right (but is not obliged) to independently involve competent organizations as experts. If the User is found guilty, the latter is obliged to reimburse the costs of conducting the examination.
7.8. If the Provider receives claims from third parties related to the violation of intellectual property rights, this claim is subject to sending to the User via the Personal Account. The User undertakes to consider such a claim and within 24 hours from the date of sending the claim in the Personal Account to delete the materials in respect of which the violation is claimed or to submit reasoned objections with the mandatory attachment of documents justifying the User's arguments.
If specified in the preceding paragraph the term the User has not notified the Provider about deleting materials or sent a motivated refusal to remove materials and still not provided evidence of legitimate use of results of intellectual activity, the Provider may undertake total or partial suspension of the Services.
The response to the claim must contain the full details of the User. The User hereby provides the Provider with unconditional consent to transfer the response to the claim containing personal data to the rightholder (his representative) who filed the claim.
8. Final provisions.
8.1. Support for actions aimed at violating the restrictions and prohibitions imposed by these Regulations, support in any way for the above actions, including refusal to stop them or failure to take appropriate measures, is recognized as a violation of the Regulations and entails the imposition of appropriate sanctions.
8.2. Suspension of the provision of services, services and services (as well as their part), and/or disconnection of the User's software and / or hardware is carried out until the User fulfills the Provider's requirements to eliminate violations without explanation and does not cancel the User's fulfillment of all its obligations under the relevant Agreement.
8.3.The Provider also deletes the computing information or part of it and/or the User's registration (login and password) and/or other User information without explaining the reasons and without the possibility of recovery.
8.4. The Provider has the right to prohibit automatic access to its services at any time, as well as to stop receiving any information generated automatically (for example, mail spam).
8.6. The Provider may, at its sole discretion, cease to maintain connectivity with Networks that violate the principles of interaction.
8.7. The Provider has the right to send information messages to Users.
8.8. The Provider has the right to unilaterally change all the described restrictions and rules without any special notice. 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 not subject to enforcement does 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 User or its users of the provisions of these Regulations does not deprive the Provider of the right to take appropriate actions to protect its interests later, and also does not mean the Provider's waiver of its rights in the event of subsequent similar or similar violations.
Appendix No. 2
computing environments provided by the Provider
1. General provisions.
1.1. The provision of computing environments that are the subject of this Agreement may provide for the choice of virtualization technologies that differ in their capabilities, so when choosing a virtualization method, the Subscriber must follow the rules set out in this Specification.
1.2. The organization of connection of the computing environment to the Internet, the organization of network availability of the computing environment, the organization of network security of the computing environment, as well as the provision of third-party copyright objects described in paragraphs 5, 6, 7, 8 of this Specification to the User, are carried out by the Provider with the involvement of third parties.
1.3. If the services described in clause 1.2 of this Specification are provided by third parties to the Provider on a paid basis, the Provider has the right to include the costs incurred in the cost of its own services.
2. Shared computing Environment (Type 1)
2.1. Description of the computing environment:
2.1.1. A shared computing environment is a Provider-side computing power shared by multiple Users.
2.1.2. The User is provided with an isolated space for data storage, while calculations and processing of requests are carried out by a single service for Users.
2.1.3. Configuration and management of the computing environment by the User is limited to the provided environment
2.2. A shared computing environment can be used for:
2.2.1. placement of applications that ensure the functioning of devices for the "Internet of Things", hereinafter referred to as IOT;
2.2.2. processing data received from IOT devices and (or) IOT applications;
2.2.3. placement of unloaded computing and services;
2.2.4. ensuring the functioning of auxiliary services and services for IOT applications and IOT devices;
2.2.5. ensuring the functioning of other support services, including: application servers, web servers, electronic communications servers, network services servers, DBMS servers, data warehouses, etc.
2.2.6. performing other computational tasks and data storage tasks.
2.3. The User is prohibited from using the shared computing environment for hosting:
2.3.1. proxy services for any type of traffic;
2.3.2. live streaming services;
2.3.3. game servers;
2.3.4. systems or elements of distributed computing systems, including: mining bitcoin, crypto wallets;
2.3.5. services mass mailing of messages;
2.3.6. Java applications;
2.3.7. other resource-intensive applications. The fact of resource intensity is determined by the Provider.
3. Isolated computing environment with hardware virtualization support (Type 2)
3.1. Description of the computing environment:
3.1.1. An isolated computing environment with hardware virtualization support is a virtual server service (VPS (Virtual Private Server) or VDS (Virtual Dedicated Server)) hosted on the Provider's equipment;
3.1.2. The virtual server has its own computing power and data storage space, and in terms of operating system management, it actually corresponds to a physical dedicated server.
3.1.3. The isolated computing environment is implemented on the basis of a software solution that provides hardware virtualization in Linux and Windows environments on the x86-KVM platform.
3.2. An isolated computing environment with hardware virtualization support can be used for:
3.2.1. placement of applications that ensure the functioning of devices for IOT.
3.2.2. processing data received from IOT devices and (or) IOT applications, including for processing " big data (big data)»;
3.2.3. ensuring the functioning of auxiliary services and services for IOT applications and IOT devices;
3.2.4. ensuring the functioning of other support services, including: application servers, web servers, electronic communications servers, network services servers, DBMS servers, data warehouses, etc.
3.2.5. no public proxy servers. Placement of proxy servers is possible only after individual agreement with the Provider
3.2.6. implementation of loaded calculations and placement of loaded services
3.2.7. performing other computational tasks and data storage tasks.
3.2.8. The User is prohibited from using an isolated computing environment with support for hardware virtualization to host systems or elements of distributed computing systems (for example:" mining " of cryptocurrencies).
4. Isolated computing environment with support for OS-level virtualization (Type 3)
4.1. Description of the computing environment:
4.1.1. An isolated computing environment with support for virtualization at the OS level is a virtual server service implemented on the basis of a specialized software solution-KVM, which provides virtualization by means of Linux and Windows OS;
4.1.2. An isolated computing environment with OS-level virtualization support can only use an OS that is compatible with Linux and Windows;
4.1.3. The virtual server is isolated from other Users, but uses the computing power of the physical server together with other Users, while the virtual server has its own, isolated, data storage space;
4.2. An isolated computing environment with support for virtualization at the OS level can be used for:
4.2.1. placement of unloaded computing and services;
4.2.2. placement of applications that ensure the functioning of devices for the "Internet of Things", hereinafter-IOT;
4.2.3. processing data received from IOT devices and (or) IOT applications;
4.2.4. ensuring the functioning of auxiliary (for IOT applications and IOT devices) services and services;
4.2.5. ensuring the functioning of other support services, including: application servers, web servers, electronic communications servers, network services servers, DBMS servers, data warehouses, etc.
4.2.6. performing other computational tasks and data storage tasks.
4.3. The User is prohibited from using an isolated computing environment with support for virtualization at the OS level for hosting:
4.3.1. proxy services for any type of traffic;
4.3.2. live streaming services;
4.3.3. game servers;
4.3.4. systems or elements of distributed computing systems (for example:" mining " of cryptocurrencies);
4.3.5. services mass mailing of messages;
4.3.6. Java applications;
4.3.7. other resource-intensive applications. The fact of resource intensity is determined by the Provider.
5. Organization of connection of the computing environment to the Internet
5.1. Connection to the Internet is organized for all types of computing environments described in this Specification;
5.2. Internet connection is a prerequisite for the functioning of the computing environment and is an integral part of the service for all types of computing environments described in this Specification;
5.3. Connection to the Internet is organized by the Provider by connecting the Provider's equipment to the communication channels of specialized telecom operators;
5.4. For computing environments virtual infrastructure the User can request the organization connect its computing environment of the virtual infrastructure to the service provider of their choice. Connection and configuration is made by the Provider, at the request of the User.
5.5. Connection of the computing environment of the User's virtual infrastructure to the selected communication provider is carried out if there is a connection point of the selected communication provider in the data center where the Provider's equipment is located.
6. Organization of network availability of the computing environment
6.1. Network availability is organized for all types of computing environments described in this Specification;
6.2. Network availability is a prerequisite for the functioning of the computing environment and is an integral part of the service for all types of computing environments described in this Specification;
6.3. To ensure the ability to access the computing environment via the Internet, the User's computing environment is necessarily assigned an Internet protocol address (a unique network address of a node in a computer network built on the basis of the TCP / IP protocol stack, hereinafter referred to as the IP address);
6.4. In some cases, at the request of the User and if technically possible, the User can be assigned several IP addresses (not located sequentially) from the general range, or a separate IP subnet consisting of a specified number of consecutive IP addresses;
6.5. The number of IP addresses or IP subnets used depends on the User's needs and may change over time, provided that at least one IP address is saved for each computing environment;
6.6. In order to provide the ability to access the computing environment through a human-readable domain name, the computing environment can be assigned one or more domain names (DNS, from the English Domain Name System — a domain name system, a system for obtaining an IP address by the domain name of a node in a computer network);
6.7. The User can connect domains registered on the Internet through third parties, or order registration (connection) of the domain from the Provider.
6.8. When ordering domain registration (connection) from the Provider, the Provider registers the domain name on the Internet, using specialized authorized organizations, and then connects the registered domains to the User's computing environment;
6.9. The number of domains used by the User's computing environment depends on the User's needs, and may change over time, up to the complete abandonment of the use of domains.
7. Organization of network security of the computing environment
7.1. Network security can be configured for all types of computing environments described in this Specification
7.2. Network security, if configured in a computing environment, is an integral part of the service for all types of computing environments described in this Specification.
7.3. In order to ensure the security of connection to information systems deployed in the User's computing environment, the User may use:
7.3.1. One or more SSL certificates (Secure Sockets Layer) — a cryptographic protocol that uses asymmetric cryptography to authenticate exchange keys and symmetric encryption to preserve confidentiality, as well as message authentication codes for message integrity),
7.3.2. One or more SSH connections (Secure Shell — "secure shell", a network protocol for remote control of the operating system and tunneling of TCP connections).
7.4. When using SSL encryption, the User has the right to:
7.4.1. use SSL certificates that you created yourself;
7.4.2. use SSL certificates purchased from third parties;
7.4.3. use SSL certificates ordered from the Provider.
7.5. When ordering the issue and connection of an SSL certificate from the Provider, the Provider issues an SSL certificate for the User in the appropriate authorized certification authority, after which it connects the certificate, or transfers the certificate to the User for self-use.
7.6. When using an SSH connection, the User has the right to use
7.6.1. self-created key pairs,
7.6.2. key pairs purchased from third parties.
7.7. The number of SSL certificates and key pairs for SSH connection used by the User's computing environment depends on the User's needs, and may change over time, up to the complete rejection of the use of SSL certificates and key pairs for SSH connection.
8. Use of third-party copyright objects in the computing environment:
8.1. Third-party copyright objects may be used in all types of computing environments described in this Appendix;
8.2. In case of use of copyright objects of third parties in the computing environment, they are an integral part of the service;
8.3. The Provider may charge the User a fee for the use of copyright objects of third parties in accordance with agreements between the Provider and the owner of the copyright object, or a tripartite agreement between the User, the Provider and the copyright owner.
8.4. Before you start using the copyright of third parties, the User must accept the license agreements of their respective owners, and is obliged to use the copyright of a third party only on the terms described in the licensing agreements of their respective owners;
8.5. The number of third-party copyright objects used by the User's computing environment depends on the User's needs, and may change over time, up to the complete rejection of the use of third-party copyright objects (in cases where this does not contradict the license agreements of the respective copyright holders).