GBNhost Limited Liability Company, hereinafter referred to as the Contractor, represented by General Director Wizard of Oz acting on the basis of the Charter, publishes this Agreement, which is a public offer addressed to legal entities and individuals, including individual entrepreneurs (hereinafter referred to as the "Customer") in accordance with paragraph 2 of Article 437 Of the Civil Code of the Russian Federation. This Agreement is published on the official website of the Contractor at the following address: https://gbnhost.com (hereinafter referred to as the site) The unconditional acceptance (acceptance) of the terms of this Agreement (public offer) is the passage of the registration procedure with subsequent transfer of funds to the account of prepayment of the Contractor's services. of this Agreement is the date of successful completion by the Customer of the registration procedure and receipt of a written confirmation to the authorized e-mail address of the Customer.
1. TERMS AND DEFINITIONS
1.1 PUBLIC OFFER (Offer) - the offer of the Contractor addressed to the Customer (physical, legal entity, individual entrepreneur) to conclude the Agreement on provision of telematic communication services, renewal of registration and registration of domains on the terms contained in this Offer placed on the network Internet address:
1.2 EXECUTOR - Limited liability company "GBNhost".
1.3 CUSTOMER - an individual or a legal entity or an individual entrepreneur who has concluded (with) the Contractor on the terms and conditions contained in this Offer. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, in the event of acceptance of this Offer, a legal entity or individual entrepreneur or an individual making an acceptance of this Offer becomes a Customer (in accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an Offer is tantamount to concluding On the terms and conditions set forth in
1.4 PARTIES - Contractor and Customer
1.5 SERVICES - services provided by the Contractor in accordance with the terms of this Offer and its annexes, which are an integral part of this Agreement.
1.6 WEB-SITE - is an electronic resource placed by the Customer on the disk space of the Contractor's equipment on the basis of this Agreement and displayed by the programs-browsers, as a visually perceived set of information
1.7 THE SITE OF THE EXECUTOR (RU-NIC's website) - is the RU-NIC's web server, located at: https://gbnhost.com.
1.8 SERVICE (RU-NIC's website) - the aggregate of server, network, software, technological and other resources provided to the Customer, as well as the involvement of the Contractor's specialists for the fulfillment of the Customer's requests.
1.9 PERIODIC SERVICE (RU-NIC's website) - is an active service provided to the Customer on an ongoing basis on a monthly basis. An active service is provided if it is not blocked.
1.9 PERIODIC SERVICE (RU-NIC's website) - is an active service provided to the Customer on an ongoing basis on a monthly basis. An active service is provided if it is not blocked.
1.10 RARE SERVICES - a service provided to the Customer at a time.
1.11 ORDERING SERVICES - selecting (connecting, changing the composition / parameters) of the services rendered by the Contractor, carried out by the Customer using the services provided on the page of the Customer's account.
1.12 BLOCKING OF THE SERVICE - failure to provide the service for one of the following reasons: violation of the service provision rules, violation of the RF legislation by the Customer or placement of content, automatic suspension of the service provision due to lack of funds in the Customer's Personal Account (hereinafter - financial blocking), maximum term financial blocking is 14 (fourteen) calendar days, then services are automatically deleted.
1.12.1 - suspension by the Customer of the provision of the service by changing the appropriate settings on the account page (hereinafter - voluntary blocking), the maximum period of voluntary blocking is 14 (fourteen) calendar days, then the services are automatically transferred to commercial mode.
1.12.2 the Contractor - suspends the provision of services in connection with the Customer's non-compliance with the conditions provided for in this Agreement, the period of compulsory blocking is 5 (five) working days, during the specified time the fee continues to be charged in accordance with the generally established procedure.
1.13 TEST MODE - a form of rendering services where services are rendered free of charge, but with limited functionality and for a limited period of time. The test mode is intended for determining the quality of the service by the Customer. The possibility of using the service in the Test mode is not provided for all services. The possibility of using the service in the Test mode and the validity of the Test mode is indicated in the service description.
1.14 DOMAIN DOMAIN (DOMAIN NAME) REGISTRATION - is the assistance provided by the Contractor to record information about the domain and its Administrator in the Domain Name Registry in order to ensure the uniqueness of domain usage, as well as to obtain the rights to administer the domain by the Administrator. The service for domain registration is considered rendered from the moment of entering the information on the domain name in the name of the Customer into the corresponding Registry of Domain Names.
1.15 RESTORATION OF DOMAIN - providing the Contractor with assistance in entering information on the restoration of domain registration in the Register.
1.16 DOMAIN ADMINISTRATOR - a legal entity or an individual in whose name a domain name is registered. The administrator of the domain name is listed in the "Registrant" field in Whois - information about the domain name. The domain administrator determines how to use the domain; is responsible for the choice of a domain name, possible violations of the rights of third parties related to the choice and use of the domain name, and also carries the risk of damages associated with such violations.
1.17 ADMINISTRATION OF THE DOMAIN - determination of the order of domain use, organization of technical support of the domain, organization of payment for services to ensure the functioning of the domain.
1.18 TERMS OF DOMAIN REGISTRATION - the time during which the domain information is stored in the Domain Name Registry.
1.19 SPAM - distribution of electronic correspondence without the prior explicit consent of the recipient. If there is a complaint, the correspondence is considered spam, if the sender does not prove that such consent was received to them - clearly and in advance.
2. SUBJECT OF THE CONTRACT
2.1 - The Contractor undertakes to provide the Customer with services for the provision of server, network, program, technological and other resources selected and ordered by the Customer on the account page, and the Customer undertakes to pay for the services provided by the Contractor in accordance with the procedure established by this Treaty.
2.2 - The specific list and scope of services provided under this Agreement shall be determined by the Customer independently by sending the relevant orders (orders) in the form established by the Contractor.
2.3 - The Customer guarantees that prior to the conclusion of this Agreement, he has read all the conditions, the Agreement, as well as the tariffs for the services ordered. The customer accepts and agrees with all the conditions set forth therein.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Obligations of the Contractor:
3.1.1 - The Contractor shall provide the services properly and on time in accordance with the terms of this Agreement, within the limits of the services selected and paid for by the Customer.
3.1.2 - Observe the confidentiality of information received from the Customer, including information received by the Contractor in the course of correspondence with the Customer and the information specified by the Customer on the account page.
3.1.3 - The Contractor undertakes to ensure a permanent round-the-clock connection of the equipment used to place and maintain the Customer's Web system to the Internet, except for the periods required for technical work.
3.1.4 - The Contractor undertakes to take all reasonable measures to protect the Customer's personal data and to observe the rights of the subjects of personal data established by the current legislation of the Russian Federation. The Contractor guarantees that the information communicated to him by the Customer, including personal data of the Customer, will be used solely for the purposes of implementing this Agreement.
3.2.1 - In the event of a violation by the Customer of the Rules for the provision of services, the Executor has the right to refuse to render services connected to the Customer.
3.2.2 - Immediately, without prior notice, suspend the provision of services to the Customer, including disabling the Customer's software or hardware, in the following cases:
3.2.2.1 - Lack of funds in the Customer's Personal Account.
3.2.2.2 - Actions or inaction of the Customer, which may lead to the failure of the Contractor's technical and / or software tools or third parties.
3.2.2.3 - The Customer's attempts to unauthorized access to the information resources of the Contractor.
3.2.2.4 - Dissemination by the Customer by sending electronic messages or placing on the Internet information that is prohibited by the legislation of the Russian Federation, international law, as well as information whose distribution is contrary to morality and infringes the rights and legitimate interests of third parties.
3.2.2.5 - Spreading by the Customer of malicious programs for computers or other equivalent programs for computers and their components.
3.2.2.6 - The use by the Customer of the services rendered to the Customer by the Contractor for the performance of actions that violate copyrights or related rights of third parties.
3.2.2.7 - Use of services rendered to the Customer by the Contractor for the mass distribution of electronic messages, both commercial and non-commercial content. In the event that the dispatch is carried out without the prior consent of the Customers to receive these messages (SPAM), and also in cases when by means of such mailing carried out by third parties, the advertisement of goods, works, services of the Customer or the information resource of the Customer is disseminated blocking of service without a refund
3.2.2.8 - Detection of DoS / DDoS attacks aimed at resources provided to the Customer in the context of services rendered by the Contractor and exceeding the minimum threshold of Internet access speed for the service (established by the Agreement). The increased load on the communication channels and / or the Host machine of the Contractor is the reason for blocking the server without a refund.
3.2.2.9 - Customer's infringement of the intellectual rights to the program (s) for the computer, the use of which is carried out by the Customer on the basis of this Agreement with the Contractor.
3.2.2.10 - Carrying out other actions not directly provided for in this Treaty, but containing the composition of an administrative offense or a criminal offense or violating the rights and legitimate interests of the Contractor or third parties.
3.2.3 - Take action to remove content or to terminate the Customer's access to the website, information on which violates the copyright and other rights of third parties, upon receipt of a notification from the right holder or from other sources about the violation of his rights.
3.2.4 - Suspend the provision of services to the Customer if it is necessary to carry out preventive and repair work in accordance with the terms of the Agreement.
3.2.5 - The time for suspension of the provision of services for the reasons specified in paragraphs 3.2.2 to 3.2.4 of this Agreement shall not be considered an interruption in the provision of the Services and can not be considered as a breach by the Contractor of its obligations under this Treaty.
3.2.6 - Unilaterally terminate this Agreement if the Customer has not eliminated the reasons specified in clause 3.2.2 of this Agreement within 5 (five) business days. At the same time, the funds are debited from the Customer's Personal Account in accordance with the generally established procedure until the actual termination of this Agreement.
3.3 Obligations of the Customer:
3.3.1 - Pay the Contractor's services promptly in accordance with the terms of this Agreement and the selected tariff plan.
3.3.2 - The Customer undertakes to comply with the terms of this Agreement.
3.3.3 - The Customer undertakes to provide the Contractor with reliable data when registering with the account system on the Contractor's web server and signing the Agreement. The responsibility for the reliability of the above information and the possible consequences of indicating incorrect data lies entirely with the Customer. In case of doubt about the reliability of the information provided, the Contractor may send a request to the Customer to provide copies of documents confirming the accuracy and completeness of the information provided. In case of failure to provide the specified copies of documents after 3 (three) working days from the date of sending the request (if a longer period is not specified in the request), the Contractor is entitled to suspend the provision of services.
3.3.4 - The Customer undertakes to ensure the confidentiality of the login and password. The risk of loss of authorization data is borne by the Customer.
3.3.5 - The Customer undertakes not less than once a week to get acquainted with the official information related to the Customer's service, including changing the tariff plans
3.3.6 - The Customer undertakes to independently monitor the term of domain registration, as well as the delegation of their domains, and independently carry out the actions necessary to extend previously ordered services.
3.3.7 - During the execution of this Agreement, the contact addresses and requisites of the Customer indicated at the time of the conclusion of this Agreement, namely: name, payment details, postal and legal addresses, telephone numbers, contact e-mail, as well as contact details of an individual, individual entrepreneur necessary for the performance of the terms of this Agreement may change, as the Customer undertakes to notify the Contractor within 10 (ten) business days from the date of the relevant amendment.
3.4.1 - Require the Contractor to provide services of appropriate quality in accordance with this Agreement
3.4.2 - To request the original contract once through the Customer account page.
3.4.3 - Independently, through the page of the Customer's account, manage the services and information resources, access to which is provided to it by the Contractor.
3.4.4 - Contact the Contractor for the provision of additional services, which the Customer can not independently connect.
4. PROCEDURE OF RENDERING SERVICES
4.1 - After the correct and complete filling of the registration form, the Customer is granted access to the account page.
4.2 - In the Commercial Mode, the services are rendered only after the Customer successfully completes the procedure of registration and transfer of funds to the prepaid service account
4.3 - The selection and connection of one-time and periodic services is carried out by the Customer independently on the account page.
4.4 - Provision of a periodic service starts from the moment of its connection by the Customer if there is a sufficient amount of money in the Personal account.
4.5 - One-time service starts and ends at the time of its establishment at the request of the Customer, provided that there is sufficient amount of money in the Personal Account.
4.6 - In the event that the provision of a one-time service provides for the Customer's ability to use the Contractor's resources within a fixed period, the Contractor must provide the Customer with the specified resources within the time specified in the service description. Write-off of funds for one-time services is carried out at a time when they are connected. In the event of the Customer's refusal of a one-time service before the expiration of a fixed period, the money will not be returned.
4.7 - The customer is given the opportunity to voluntarily block the provision of periodic services by changing the appropriate settings on the account page. In case of voluntary blocking of the periodic service, the funds are not debited from the Customer's Personal Account as a payment for this periodic service, and this service is not provided to the Customer. Services voluntarily blocked by the Customer are automatically transferred to Commercial Mode after 14 (fourteen) calendar days from the date of voluntary blocking of the corresponding service.
4.8 - The customer is given the opportunity to independently disable (delete) the periodic service by changing the appropriate settings on the account page. If the periodic service is disabled, the funds are not debited from the Customer's Account to the account for the payment for this service, this service is not provided to the Customer, and all settings for this service are deleted.
4.9 - The services are rendered to the Customer only if there is a positive balance of funds on the Customer's Personal account. When the funds are exhausted, all periodic services are automatically blocked. Exceptions are services provided at the request of the Customer in the Test mode. After expiration of the Test Mode, periodic services are transferred to the Commercial Mode and, in the absence of funds in the Customer's Personal Account, are automatically blocked. Blocked services are automatically deleted after 14 (fourteen) calendar days from the date of blocking
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1 - Payment for services is effected on a non-cash basis by making advance payments. It is also possible to pay in cash at the Contractor's office. The amounts of payments are displayed on the Customer's Personal account in the Personal Area. The funds transferred by the Customer shall be considered credited to the Personal account after the funds have arrived on the Executor's settlement account and subject to receipt by the Executor of the bank of the confirming payment documents identifying the payment.
5.2 - In the event that the funds in the Personal Account are insufficient to pay for services to be provided in the current reporting period, the Executor has the right to suspend
5.3 - In order to resume provision of services to the Customer, it is necessary to pay the next prepayment to the settlement account of the Contractor and send the Order to the Contractor for the relevant information
5.4 - The received funds are accounted for by the Contractor in the Personal account and debited (expended) from it as payment for services, in the amount of the cost of the services ordered to be provided to the Customer in the current reporting period. The full cost of the Domain Registration and Domain Renewal services is debited from the Account before the beginning of their provision.
5.5 - The customer is responsible for the correctness of the payments made by him. If the Contractor's bank details are changed, the Contractor notifies the Customer by publishing a relevant notice on the Contractor's website and sends a message by e-mail to the Customer. Since the publication of new details on the website of the Contractor, the Contractor is not liable for payments made on obsolete bank details.
5.6 - The moment of payment under the Agreement - the moment of receipt of funds to the current account
5.7 - The Customer is solely responsible for the correctness and timeliness of payments made by him for the services provided by the Contractor under this Agreement. The order of the service is the Customer's consent to pay for the service at the prices valid on the day when the Order begins to be executed.
5.8 - If, based on the reason for payment in the payment order, it is not possible to determine under which contract or for which Customer the funds have been received, these funds are to be returned to the payer.
5.9 - The Customer independently determines the possible way of payment for the Contractor's services, which is published on the Contractor's website at the address: https://gbnhost.com.
6. RESPONSIBILITY OF THE PARTIES
6.1 Responsibility of the Contractor: - The Contractor is liable only for real damage and only in the case of the Contractor's proven fault. The maximum amount of liability for actual damage incurred by the Customer as a result of the use or non-use of the Contractor's services is limited to a cash amount equal to the cost of the Contractor's services to be provided to the Customer in the month of actual damage.
6.1.1 - In the event of a break in the provision of services, the Executor's liability is limited solely to the provision of additional time for using the corresponding hosting service, depending on the time of the interruption in the provision of services. The lost profit of the Customer is not subject to compensation by the Contractor.
6.2 - The Contractor is not liable for: - Delays, interruptions in the work and inability to fully use the Contractor's own resources, occurring directly or indirectly due to the actions or inaction of third parties and / or the inoperability of the transport information channels outside the Contractor's own resources; - lost profits and lost profits, as well as for any indirect losses incurred by the Customer during the period of use or non-use of the Contractor's services; - quality of public communication channels through which access is provided to - damage of any kind incurred by the Customer due to disclosure, loss or inability to obtain the latter's credentials; - the content of information transmitted (received) by the Customer when using telematic communication services.
6.3 Liability of the Customer: - The Customer assumes full responsibility and risks associated with the use of the Internet, including through services, for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed in the Internet and / or provided to the Customer through services
6.4 - The customer is fully responsible for the safety of his password and for losses that may arise due to unauthorized use. Upon the fact of unauthorized use of the Customer's registration information, which occurred as a result of actions of third parties, the Customer has the right to send to the RU-NIC the request for a password change. The Contractor shall not be liable for the actions of third parties that caused unauthorized use of the Customer's registration information.
6.5 - The Customer bears full responsibility for the compliance of the information placed on the provided to the Customer when providing services to the equipment information to the current legislation and is independently responsible for the harm caused by his acts (personally or by another person under his network requisites) of the person or property of citizens, legal persons, the state or moral principles society. In the event that third party claims against the RF legislation are made by the fact that the user posted any information using the services provided by the Contractor, the Contractor has the right to forward this claim to the Customer by notifying the person who filed the claim about redirecting his claim to the Customer, Provision of services to the Customer before clarifying the situation.
6.6 - The actions of the Customer (its authorized person) made in the Personal Area entail the emergence of the rights and obligations of the Parties under this Agreement. Information printed and certified by the Contractor from the Personal Cabinet may be used by the Contractor as evidence of the Customer's ordering of services in resolving disputes, including in court.
7. PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
7.1 - Disputes and disagreements under this Agreement shall be resolved through negotiations between the Parties.
7.2 - All disputes and disagreements between the Parties under this Agreement that are not settled through negotiations shall be subject to review in court in accordance with the current legislation of the Russian Federation, at the location of the Executor.
8. FORCE MAJEURE
8.1 - The Parties are exempted from liability for partial or complete failure to perform obligations under this Agreement if improper performance by the Parties of the obligations was a consequence of force majeure circumstances that arose after the conclusion of the Agreement or if failure to fulfill the obligations of the Parties resulted from events of an emergency nature that the Parties could neither foresee, neither prevent
8.2 - During the period of force majeure circumstances that exempt Parties from liability, the fulfillment of obligations is suspended, and sanctions for non-fulfillment of contractual obligations are not applied.
8.3 - If the force majeure event lasts more than 6 months, the Parties shall agree on the fate of this Agreement. If the agreement is not reached by the Parties, either Party may unilaterally terminate this Agreement by sending a written notice to the other Party.
9. CONFIDENTIALITY
9.1 - The Parties confirm that all information exchanged within the framework of this Agreement is confidential, being valuable to the Parties and not being disclosed, since it constitutes commercial and / or official secret, has real and potential commercial value due to its unknown to third parties . Such information can not be disclosed by any of the Parties to any other person or organization without the prior written consent of the other Party during the term of this Agreement, and also within 3 (three) years after the end of its operation.
9.2 - Each Party shall take all reasonable measures necessary and appropriate to prevent unauthorized disclosure of confidential information. At the same time, the measures taken should be no less significant than those that the Party takes to preserve its own information of this kind.