ROL end user service agreement
ROL End User Service Agreement
Last amended January 16, 2006
Please carefully read the text of this Agreement before commencing to use the Service.
The use of the Service by default shall mean that you agree to the terms and conditions of this Agreement proposed by the Contractor.
In the event of disagreement with some terms and conditions set forth below you may refuse to receive the Service.
For information and answers to the questions about this Agreement please contact the representatives of EDN Sovintel by phone or by e-mail (the contact information is presented on the site http://services.rol.ru).
The trademarks used in the provision of the Service, including but not limited to ГОЛДЕН ТЕЛЕКОМ, GOLDEN TELECOM, РОЛ, ROL, Россия-Он-Лайн, Russia-on-Line, АПОРТ, APORT, ОМЕН, OMEN, are registered trademarks of EDN Sovintel and/or the group of companies of the Golden Telecom holding or their legal title-holders with which EDN Sovintel has separate agreements under which it may use the trademarks and protect the interests of their title-holders in respect of the trademarks in the territory of Russia.
EDN Sovintel (successor of TeleRoss LLC) comprised in the group of companies of the Golden Telecom holding (hereafter "the Contractor") provides the Service - a complex of telematic services organized by the Contractor under Licenses of the Russian Federation State Committee for Telecommunications No. 11827, Ministry for telecommunication and informatization of the Russian Federation No. 15597, 17337, 19594, 23870, 25029, 27309 and provided under the registered trademark ROL (hereafter "the Service") in the procedure and on the terms and conditions set forth below.
This Service is available to any adult person (a group of such persons) or any organization (institution, company of any form of ownership, etc.) provided they are legal entities, hereafter "the User," are in need of the Service and are technically able to receive it.
The subject of relations between the Contractor and the User is the Service, as well as payments for its provision and determination of the legal status and the liability of the Parties under this Agreement.
1. The Service (Procedure and Terms of Its Provision)
1.1. The Service shall include the following segments (services) supported and provided by the Contractor:
- Internet access (packet-switching transmission of universally available data under an IP protocol, with access over public switched telephone networks);
- e-mail;
- access to the information resources hosted on Web-servers in the Internet;
- access to the News Groups in the Internet;
- file transmission;
- possibility of creation of the User's own "home page" and its hosting on the Contractor's server (access to information resources);
- personal access to the balance and statistical data concerning the use of the Service on the conditions which ensure confidentiality of the information about the User;
- access to open (public) sites: rol.ru, online.ru, aport.ru, omen.ru, referat.ru, ag.ru, owned or administered by the Contractor under separate agreements with the owners of the sites (access to information resources).
1.2. The quality of the provided Service shall comply with the norms and standards established by the existing regulatory acts (guiding documents of the Russian Federation Ministry for Telecommunications and Information Technologies RD.45.128-2000 "Data Transmission Networks and Services," PD.45.129-2000 "Telematic Services").
1.3. Various segments (services) to be removed from the Service shall be determined by the Contractor on the basis of the provisions of concrete agreements, payment plans/tariff classes and other factors by which the Contractor has to be guided in accordance with the requirements of the License.
1.4. In the course of the development of the Service and appearance of new Internet technologies, duly tested and suitable for use as part of the Service, the Contractor shall notify the User both about the wider range of the Service and about the procedure, terms and conditions for the provision of any new segment of the Service. The new segments of the Service requiring additional payment for their provision shall be provided only with the mutual agreement of the Parties hereto on the size, procedure, terms and conditions of such payment.
2. Access to the Service
The Service shall be provided with the use of the technical facilities of the telematic services located in Moscow and in other cities of the Russian Federation. The User's terminal equipment shall access these technical facilities over the Contractor's data transmission network (the services shall be provided under License of the Russian Federation State Committee for Telecommunications No 11826, Ministry for telecommunication and informatization of the Russian Federation No. 15599, 17296, 19534, 23872, 25025, 27310) or by means of the PSTN, overlay telephone networks, dedicated communication channels and the networks of the global Internet operators, including operators of the Russian segment of the Internet.
3. The Contractor
3.1. The Contractor shall ensure provision of the Service at any time of the day and the possibility of receiving telephone consultations 24 hours a day. The scope of such consultations shall be limited to concrete matters concerning the provision of the Service and the adjustment of the standard software (reference-contact information on the site http://services.rol.ru).
3.2. Provision of the Service may be refused due to the circumstances stipulated by the existing licenses, among other things, if:
- provision of the Service may jeopardize the security and defense capability of the state, the health and safety of the population;
- provision of the Service is impossible because of some physical, topographic and other natural obstructions;
- the User does not agree to the these terms and conditions for the provision of the Service or fails to make payments for the Service in due time;
- the User refused to indicate its data or intentionally indicated false data about itself during registration/re-registration;
- the User uses or intends to use the communications equipment for some unlawful purposes or receives the Service unlawfully, operates the provided equipment with violation of the rules of technical operation or uses uncertified equipment;
- the Service was terminated earlier due to breach of this Agreement by the User.
3.3. In the event of natural disasters, quarantines and other emergencies stipulated by Russian Federation laws the duly authorized government agencies shall enjoy priority in the use of the telematic services and communication facilities of the Contractor. and shall have the right to suspend their operation.
3.4. The Contractor shall grant an absolute priority to all messages which concern the safety of life at sea, on the ground, in the air and in outer space; urgent measures in the field of the defense, security and law enforcement in the territory where the Contractor operates; major accidents, disasters, epidemics, epizooties and natural calamities.
3.5. In the event of force majeure circumstances:
3.5.1. Under this Agreement neither Party shall be liable to the other Party for nonperformance or improper performance of the obligations due to the circumstances which appeared contrary to the will and desire of the Parties and which could not be foreseen or avoided (force majeure circumstances), including declared or undeclared wars, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires, adoption of legislative acts affecting the performance by the Parties of their obligations under this Agreement.
3.5.2. Upon cessation of force majeure circumstances either Party shall immediately resume the performance of its obligations under this Agreement.
3.5.3. In the event of force majeure circumstances the period for the performance of the obligations shall be extended for the time during which such circumstances last. If either Party remains unable to perform its obligations under this Agreement for more than three months, either Party may terminate this Agreement unilaterally by notifying the other Party to this effect in writing (by e-mail) or by any other accessible method at least two weeks before the planned date of termination using the contact coordinates supplied by the Parties when the primary registration of the User was carried out.
4. The User
The User may use the Service in its discretion at any time of the day, for any purpose other than those which are prohibited by the law and by the statutory acts in force in the territory where the Contractor operates and are expressly referred to in Section 7 of this Agreement. Duplication of the software of the Service in the course of its use shall be prohibited (See Clause 4.1).
4.1. Ban on Duplication of the Software of the Service
If the User uses direct access to the Service over switched lines, the Contractor shall, if it deems it necessary to do so, provide the User, registered in the offices of EDN Sovintel, with the software of the Service. This software is intended exclusively for accessing the Service and is a subject of the License Agreement between the Contractor and the software owner. The License Agreement does not allow duplication of this software. The User agrees to this requirement and shall assume the full liability for the failure to comply with this provision of the Agreement.
4.2. Use of the Service by Means of the Internet
The User accepts the condition that by means of the Service it can use both the Service with its components (segments) and the global Internet. By this Agreement the User is informed and agrees that apart from the information, products or services expressly indicated as being provided by the Service, neither the Contractor nor its branches or companies commissioned by the Contractor provide or control the information, services and products located in or offered by means of the Internet. Accordingly the User accepts the condition that all goods, information and services offered or accessible through the Service or in the Internet (with the exception of those expressly indicated as being directly provided by the Service) are provided by third parties which are not in any way related to the Contractor. The User shall assume the full liability and risks for the use of the Service and the Internet.
Neither the Contractor not its branches or companies commissioned by the Contractor shall make any express or implied warranties (including but not limited to the warranties regarding the observance of rights or fitness for a particular purpose) for any goods, information and services delivered through the Service or generally through the Internet. Neither the Contractor not its branches or companies commissioned by the Contractor shall bear liability for any expenses or damages directly or indirectly resulting from such deliveries. The User accepts the condition that it shall assume responsibility for evaluating the accuracy and suitability of all opinions, assessments, services and other information, the quality and functions of the goods provided through the Service or generally through the Internet.
4.3. The User accepts the condition that the Internet contains the materials expressing (or reflecting) private opinions of third parties and/or groups of third parties (as well as government, non-government and/or public organizations, institutions, firms), including:
4.3.1. Information of the explicitly sexual nature (in diverse forms of its presentation and dissemination), which is not intended for minors;
4.3.2. Information of the public, political and social nature which, in the User's opinion, contains insulting, unethical, discriminatory statements (in diverse forms of its presentation and dissemination).
The Contractor does not control the procedure, terms and conditions of the appearance of such materials (Sub-Clauses 4.3.1 and 4.3.2) in the Internet and shall not bear any liability therefore.
5. Absence of Guarantees in the Provision of the Service
5.1. The Service shall be available 24 hours a day, every day, without interruptions, with the exception of the performance of the necessary preventive maintenance and repair operations which shall be timed so as to minimize the harm done to the User's interests
5.2. The Service shall be provided on the as-is basis, in the form in which it is available at the time of the provision, without any express or implied warranties (including but not limited to the warranties regarding the use of the Service for particular purposes).
5.2.1. No information or advice given by the Contractor, its branches, companies commissioned by the Contractor or the Service suppliers shall be regarded as warranties because such information and advice are given by way of consultation and are not a technical method of ensuring provision of the Service.
5.2.2. Neither the Contractor nor its branches warrant that the Services shall be provided continuously or without errors or that the software or any other materials received by means of the Service are free from viruses and other harmful components. Under no circumstances shall the Contractor, its branches, companies commissioned by the Contractor or the Service suppliers be liable for direct or consequential damages sustained by the User as a result of the use of or the impossibility to use the Service or Internet access or a part thereof; or as a result of the information, services or goods delivered by or through the Service; or as a result of errors, gaps, interruptions in the operation, removal of files, defects, operational or data transmission delays.
5.3. If dissatisfied with the Service, its terms, conditions, rules, quality, contents or the actual provision of the Service the User shall have an exclusive right to stop using the Service.
In this case the mutual settlements between the Parties shall be effected in accordance with the terms and conditions set forth in Section 6 of this Agreement.
6. Payment for the Service and Purchases through the Service
6.1. To use the Service the User shall maintain a positive balance of its electronic account opened by the Contractor. The User shall effect payments for the Contractor's Services in due time, without allowing the balance of the account to drop to zero (with the exception of Users whose agreements stipulate a different payment procedure in accordance with their tariff plan).
6.1.1. The prices for the provided Services shall be fixed in Russian Roubles for private persons and in conventional units for legal entities and self-employed entrepreneurs. Payments shall be made in Russian rubles. The conventional unit rate where applicable is equal to the US dollar rate of the Central Bank of the Russian Federation effective on the day of payment plus 3 percent. The credited funds shall be spent by the User in its absolute discretion, in compliance with all provisions of this Agreement. The funds which have not been used up by the User (in accordance with the terms of the tariff plan established for the User and this Agreement) shall not be refunded and shall be used to compensate for all costs and expenses related to User's electronic account maintenance (including costs of communications links lease, arrangement of access lines, User's electronic mailbox maintenance, provision of 24-hour maintenance services to Users and other expenses incurred by the Contractor for provision of the Service).
6.1.2. The information concerning the balance of the User's account and the payments due from the User shall be presented in the User's electronic account on the site "Personal Office" http://voffice.rol.ru. The User shall regularly check the status of its electronic account so as to keep itself posted up thereupon.
6.1.3. Information concerning the current tariffs shall be permanently available on-line on the Contractor's site http://services.rol.ru.
6.2. The Contractor reserves the right to suspend ("freeze") the provision of the Service if the balance of the User's electronic account becomes negative or if a payment was not received by the Contractor on or before the due date established by the terms and conditions of the User's tariff plan and indicated in the information relating to the User's electronic account on the site "Personal Office" http://voffice.rol.ru.
6.2.1. Whenever the right to the use of the Service has been suspended and/or the balance of the account remains negative for more than fifty (50) days, the Contractor reserves the right to stop the provision of the Service (with the exception of Users whose agreements stipulate a different procedure for stopping the provision of the Service in accordance with tan). In this case the use of the Service may be resumed only upon new registration.
6.3. The Contractor may, at any time, change the tariffs or impose new payments in addition to the existing ones with prior notification of the User to be made not less than ten (10) days before the date on which the changes take effect. The notification shall be in the form of a message sent to the e-mail address assigned to the User at the time of registration.
In the event of disagreement with any tariff change or new payments imposed in addition to the exiting ones the User shall immediately stop using the Service. If the User continues to use the Service after the changes indicated in the notification has taken effect, this fact shall confirm the User's consent to the changes.
6.4. Any benefits, discounts and privileges in respect of the payment for the Service cannot be used by the User repeatedly and cannot be combined unless expressly specified otherwise in bilateral agreements between the Contractor and the concrete User.
6.5. The User may , in its discretion, make purchases through the Service bearing in mind the following (in addition to the provisions of Clause 4.2.2 of this Agreement):
- the seller and/or supplier of information or services selected by the User may ask the User to present certain information, including the data of the bank card and/or some other means of payment. The User accepts the condition that all information presented by the User to any seller or any supplier of goods, information or services through the Service shall be accurate, complete and true as of the given moment (the moment of presentation of such information);
- the sellers and suppliers of goods, information and services through the Service fix their prices by themselves and may change the prices and/or impose payments for the goods, information and services at any time;
- such purchases shall be made by the User on its own responsibility and at its own risk. The Contractor shall not bear any liability for the consequences of a purchase made by the User through the Service since such purchase is beyond the control and outside the responsibility of the Contractor.
6.6. The User shall bear full responsibility for keeping secret and preserving its password and keyword specified in the course of registration and used for User identification purposes. Keyword identification shall be performed when the User calls to the User Maintenance Service to change its lost password or when the User makes authorized transactions in its Personal Office on the User's account and the Personal Office is out of service. The User shall pay all bills due to the actions of third persons who have used the User's login, password, keyword or bank card or some other means of payment at the prices which were effective when these actions were taken.
6.6.1. The User shall also assume the responsibility for the payment of all taxes connected with the use of the Service and purchases through the Service.
6.6.2. The User shall make payments for the Service in accordance with the established tariffs. The prices and tariffs may be indicated exclusive of taxes, duties and other charges which are effective on the day on which the Agreement is signed or are introduced during the period of the use of the Service.
6.7. In cases provided by the applicable laws of the Russian Federation the tariffs for the Service may be regulated by the state. The disputes relating to this matter shall be dealt with in accordance with the applicable laws of the Russian Federation.
6.8. Authorization Agreement
6.8.1. The User shall authorize the Contractor to charge payments for all services, goods and information, directly provided by the Service to the User and to all persons using the User's login and password, from the bank card indicated by the User at the time of registration.
The User accepts the condition that all payments charged by the Contractor from the User's bank card shall be charged in accordance with the card servicing conditions. The User shall immediately notify the Contractor by telephone at +7 495 363 2111 if the bank card is invalidated for whatever reason or if the User wants to terminate this authorization agreement.
6.8.2. The User accepts the condition that the Contractor shall carry out preauthorization of the User's credit card at the time of registration and each time payments are to be charged for the goods, information and services received though the Service in accordance with the current tariffs (including but not limited to monthly fees).
6.9. The User shall independently pay all expenses incidental to connection to the Service (use of the PSTN, overlay telephone networks, dedicated communication channels, etc.).
7. Rules for the Use of the Service
7.1. During the use of the Service it shall be forbidden to:
7.1.2. Restrict access of other Users or prevent other Users from using the Service.
7.1.2. Send advertising, informational and other materials without the consent (in the absence of a corresponding request) of addressees or to thematically unsuitable electronic publications and conferences.
7.1.3. Carry out blanket mailing of advertising, informational and other materials to other Internet users, unless the addressees agree to receive these materials, by sending such materials to personal e-mail addresses and through universally accessible electronic publications and conferences which are not intended for this purpose.
Note 1. The Contractor reserves the right to carry out blanket mailing of messages relating to the performance of this Agreement.
Note 2. "Blanket mailing" means simultaneous transmission of messages to two and more addresses, if the User does not have the consent of the owners of these addresses to the receipt of the messages. This restriction is completely unrelated to the electronic subscription system.
Note 3. The Contractor shall use its best efforts to prevent unauthorized blanket mailing by third persons, specifically by blocking transmission of blanket-mailed messages from the User's electronic address.
7.1.4. Undertake unauthorized intrusions into any technological components (nodes) of a program, databases and other elements of the Contractor's network, the Internet, i.e. actions which, if committed or attempted, entail criminal responsibility established in the Russian Federation by Chapter 21 of the Criminal Code of the Russian Federation (CC RF) "Crimes Against Property": Article 159 "Fraud"; Chapter 28 of the CC RF "Crimes in the Sphere of Computer Information": Article 272 "Unauthorized Access to Computer Information," Article 273 "Creation, Use and Dissemination of Harmful Computer Programs," Article 274 "Violation of Rules of Operation of Computers, Computer Systems or Networks."
7.1.5. Send or make available through the Internet any information, whose dissemination contradicts Russian or international law.
7.1.6. Transmit any information or software which in one way or another contains viruses or other harmful components.
7.1.7. Send, transmit, reproduce, present or use in any form for commercial purposes the information, software or other materials fully or partially received by means of the Service (if this is not expressly authorized by the supplier of such information, software or other products).
7.1.8. Without the permission of the owner or lawful title-holder send, transmit, reproduce or disseminate by any method, fully or partially, the software or other materials protected by copyrights and other rights and received by means of the Service or send, transmit or disseminate by any method any component of the provided Service or any work created on its basis since the Service itself is protected by copyrights and other rights.
7.1.9. Violate the rules and regulations of Internet resources application made up by the Contractor and/or a lawful owner of such resources. Whenever the User disagrees with regulations applicable to any resource, it shall immediately refuse from use of such resource.
7.2. The Contractor shall not intentionally look through or disclose any private e-mail messages (save in the cases provided by law). The Contractor shall not be obligated to check the contents of the information disseminated by means of the Service. However, the User accepts the condition that the Contractor shall have the right periodically to check the information passing through the Service and disclose any information if this has to be done under the law, in accordance with the requirements of competent government agencies, for normal functioning of the Service, for the protection of the Contractor, other Users and third persons whose rights and interests were or may be infringed.
7.3. The Contractor reserves the right to refuse to transmit or to remove from its servers any information or materials, fully or partially, if they are considered by the Contractor, exclusively from its own point of view, to be unacceptable, undesirable or contrary to this Agreement.
7.4. When receiving the Service the User shall enjoy the benefits established by the applicable laws of the Russian Federation for certain categories of the population.
8. Liability for Nonperformance of the Agreement
8.1. The Contractor may stop the User's access to the Service or a part thereof without a warning if the User is involved in the actions which are considered by the Contractor, exclusively from its own point of view, to be contrary to this Agreement. If the Contractor refuses to provide the Service to the User for this reason, the User shall not:
- gain access by means of the Contractor's Service to any materials stored in the Internet;
- enjoy any benefits, discounts and privileges to which the User is entitled; the benefits, discounts and privileges already granted shall be discontinued;
- gain access to the services, goods and information of third parties in the Internet by means of the Contractor's Service. The Contractor shall not be responsible for notifying third parties of the abolition of the User's access and for any consequences that may result from the absence of such warning.
8.2. The User shall not make the Contractor, its branches or companies commissioned by the Contractor a respondent or co-respondent in respect of any obligations and expenses connected with the violation of this Agreement by the User or other persons using its login and password; or connected with the use of the Service or the Internet; or connected with the placement or transmission of any message, information, software or other materials in the Internet by the User or other persons using its login or password.
9. Miscellaneous (Concluding Provisions)
If any provision of this Agreement does not lend itself to literal interpretation, this provision shall be interpreted in accordance with the applicable laws with due regard to the original interests of the Parties and the remainder of the Agreement shall remain fully in force.
The failure of the Contractor to ensure strict compliance with any provision of this Agreement shall not be regarded as a refusal of the compliance with this provision. Neither the existing practical behavior of the Parties nor the practical experience in the provision of similar services shall be used as a reason for modifying any provision of this Agreement.
The Contractor may modify the terms and conditions of the Service delivery (this Agreement) having preliminarily, but not later than 10 days before a new revision comes into effect, notified the User by presenting the modified Agreement on Contractor's Site http://services.rol.ru in the section Agreement on the Provision of the Service.
The continued use of the Service after the modified Agreement effective date shall be regarded as the User's consent to such modifications
The User shall regularly, at least once a week, check the section "Agreement on the Provision of the Service" to keep track of such modifications.
If any modifications and/or additions are unacceptable to the User, the User may immediately stop using the Service.
This Agreement has been executed and shall be performed in accordance with the laws of the Russian Federation. Any claims connected with the Service shall be filed within one year of the appearance of the reason for the claim.
This Agreement determines all relations between the Contractor and the User regarding the Service, unless otherwise provided in additional agreements between the Contractor and the User.
(c) Copyright 1995-2006 Golden Telecom, Inc.
Last amended January 16, 2006
Please carefully read the text of this Agreement before commencing to use the Service.
The use of the Service by default shall mean that you agree to the terms and conditions of this Agreement proposed by the Contractor.
In the event of disagreement with some terms and conditions set forth below you may refuse to receive the Service.
For information and answers to the questions about this Agreement please contact the representatives of EDN Sovintel by phone or by e-mail (the contact information is presented on the site http://services.rol.ru).
The trademarks used in the provision of the Service, including but not limited to ГОЛДЕН ТЕЛЕКОМ, GOLDEN TELECOM, РОЛ, ROL, Россия-Он-Лайн, Russia-on-Line, АПОРТ, APORT, ОМЕН, OMEN, are registered trademarks of EDN Sovintel and/or the group of companies of the Golden Telecom holding or their legal title-holders with which EDN Sovintel has separate agreements under which it may use the trademarks and protect the interests of their title-holders in respect of the trademarks in the territory of Russia.
EDN Sovintel (successor of TeleRoss LLC) comprised in the group of companies of the Golden Telecom holding (hereafter "the Contractor") provides the Service - a complex of telematic services organized by the Contractor under Licenses of the Russian Federation State Committee for Telecommunications No. 11827, Ministry for telecommunication and informatization of the Russian Federation No. 15597, 17337, 19594, 23870, 25029, 27309 and provided under the registered trademark ROL (hereafter "the Service") in the procedure and on the terms and conditions set forth below.
This Service is available to any adult person (a group of such persons) or any organization (institution, company of any form of ownership, etc.) provided they are legal entities, hereafter "the User," are in need of the Service and are technically able to receive it.
The subject of relations between the Contractor and the User is the Service, as well as payments for its provision and determination of the legal status and the liability of the Parties under this Agreement.
1. The Service (Procedure and Terms of Its Provision)
1.1. The Service shall include the following segments (services) supported and provided by the Contractor:
- Internet access (packet-switching transmission of universally available data under an IP protocol, with access over public switched telephone networks);
- e-mail;
- access to the information resources hosted on Web-servers in the Internet;
- access to the News Groups in the Internet;
- file transmission;
- possibility of creation of the User's own "home page" and its hosting on the Contractor's server (access to information resources);
- personal access to the balance and statistical data concerning the use of the Service on the conditions which ensure confidentiality of the information about the User;
- access to open (public) sites: rol.ru, online.ru, aport.ru, omen.ru, referat.ru, ag.ru, owned or administered by the Contractor under separate agreements with the owners of the sites (access to information resources).
1.2. The quality of the provided Service shall comply with the norms and standards established by the existing regulatory acts (guiding documents of the Russian Federation Ministry for Telecommunications and Information Technologies RD.45.128-2000 "Data Transmission Networks and Services," PD.45.129-2000 "Telematic Services").
1.3. Various segments (services) to be removed from the Service shall be determined by the Contractor on the basis of the provisions of concrete agreements, payment plans/tariff classes and other factors by which the Contractor has to be guided in accordance with the requirements of the License.
1.4. In the course of the development of the Service and appearance of new Internet technologies, duly tested and suitable for use as part of the Service, the Contractor shall notify the User both about the wider range of the Service and about the procedure, terms and conditions for the provision of any new segment of the Service. The new segments of the Service requiring additional payment for their provision shall be provided only with the mutual agreement of the Parties hereto on the size, procedure, terms and conditions of such payment.
2. Access to the Service
The Service shall be provided with the use of the technical facilities of the telematic services located in Moscow and in other cities of the Russian Federation. The User's terminal equipment shall access these technical facilities over the Contractor's data transmission network (the services shall be provided under License of the Russian Federation State Committee for Telecommunications No 11826, Ministry for telecommunication and informatization of the Russian Federation No. 15599, 17296, 19534, 23872, 25025, 27310) or by means of the PSTN, overlay telephone networks, dedicated communication channels and the networks of the global Internet operators, including operators of the Russian segment of the Internet.
3. The Contractor
3.1. The Contractor shall ensure provision of the Service at any time of the day and the possibility of receiving telephone consultations 24 hours a day. The scope of such consultations shall be limited to concrete matters concerning the provision of the Service and the adjustment of the standard software (reference-contact information on the site http://services.rol.ru).
3.2. Provision of the Service may be refused due to the circumstances stipulated by the existing licenses, among other things, if:
- provision of the Service may jeopardize the security and defense capability of the state, the health and safety of the population;
- provision of the Service is impossible because of some physical, topographic and other natural obstructions;
- the User does not agree to the these terms and conditions for the provision of the Service or fails to make payments for the Service in due time;
- the User refused to indicate its data or intentionally indicated false data about itself during registration/re-registration;
- the User uses or intends to use the communications equipment for some unlawful purposes or receives the Service unlawfully, operates the provided equipment with violation of the rules of technical operation or uses uncertified equipment;
- the Service was terminated earlier due to breach of this Agreement by the User.
3.3. In the event of natural disasters, quarantines and other emergencies stipulated by Russian Federation laws the duly authorized government agencies shall enjoy priority in the use of the telematic services and communication facilities of the Contractor. and shall have the right to suspend their operation.
3.4. The Contractor shall grant an absolute priority to all messages which concern the safety of life at sea, on the ground, in the air and in outer space; urgent measures in the field of the defense, security and law enforcement in the territory where the Contractor operates; major accidents, disasters, epidemics, epizooties and natural calamities.
3.5. In the event of force majeure circumstances:
3.5.1. Under this Agreement neither Party shall be liable to the other Party for nonperformance or improper performance of the obligations due to the circumstances which appeared contrary to the will and desire of the Parties and which could not be foreseen or avoided (force majeure circumstances), including declared or undeclared wars, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires, adoption of legislative acts affecting the performance by the Parties of their obligations under this Agreement.
3.5.2. Upon cessation of force majeure circumstances either Party shall immediately resume the performance of its obligations under this Agreement.
3.5.3. In the event of force majeure circumstances the period for the performance of the obligations shall be extended for the time during which such circumstances last. If either Party remains unable to perform its obligations under this Agreement for more than three months, either Party may terminate this Agreement unilaterally by notifying the other Party to this effect in writing (by e-mail) or by any other accessible method at least two weeks before the planned date of termination using the contact coordinates supplied by the Parties when the primary registration of the User was carried out.
4. The User
The User may use the Service in its discretion at any time of the day, for any purpose other than those which are prohibited by the law and by the statutory acts in force in the territory where the Contractor operates and are expressly referred to in Section 7 of this Agreement. Duplication of the software of the Service in the course of its use shall be prohibited (See Clause 4.1).
4.1. Ban on Duplication of the Software of the Service
If the User uses direct access to the Service over switched lines, the Contractor shall, if it deems it necessary to do so, provide the User, registered in the offices of EDN Sovintel, with the software of the Service. This software is intended exclusively for accessing the Service and is a subject of the License Agreement between the Contractor and the software owner. The License Agreement does not allow duplication of this software. The User agrees to this requirement and shall assume the full liability for the failure to comply with this provision of the Agreement.
4.2. Use of the Service by Means of the Internet
The User accepts the condition that by means of the Service it can use both the Service with its components (segments) and the global Internet. By this Agreement the User is informed and agrees that apart from the information, products or services expressly indicated as being provided by the Service, neither the Contractor nor its branches or companies commissioned by the Contractor provide or control the information, services and products located in or offered by means of the Internet. Accordingly the User accepts the condition that all goods, information and services offered or accessible through the Service or in the Internet (with the exception of those expressly indicated as being directly provided by the Service) are provided by third parties which are not in any way related to the Contractor. The User shall assume the full liability and risks for the use of the Service and the Internet.
Neither the Contractor not its branches or companies commissioned by the Contractor shall make any express or implied warranties (including but not limited to the warranties regarding the observance of rights or fitness for a particular purpose) for any goods, information and services delivered through the Service or generally through the Internet. Neither the Contractor not its branches or companies commissioned by the Contractor shall bear liability for any expenses or damages directly or indirectly resulting from such deliveries. The User accepts the condition that it shall assume responsibility for evaluating the accuracy and suitability of all opinions, assessments, services and other information, the quality and functions of the goods provided through the Service or generally through the Internet.
4.3. The User accepts the condition that the Internet contains the materials expressing (or reflecting) private opinions of third parties and/or groups of third parties (as well as government, non-government and/or public organizations, institutions, firms), including:
4.3.1. Information of the explicitly sexual nature (in diverse forms of its presentation and dissemination), which is not intended for minors;
4.3.2. Information of the public, political and social nature which, in the User's opinion, contains insulting, unethical, discriminatory statements (in diverse forms of its presentation and dissemination).
The Contractor does not control the procedure, terms and conditions of the appearance of such materials (Sub-Clauses 4.3.1 and 4.3.2) in the Internet and shall not bear any liability therefore.
5. Absence of Guarantees in the Provision of the Service
5.1. The Service shall be available 24 hours a day, every day, without interruptions, with the exception of the performance of the necessary preventive maintenance and repair operations which shall be timed so as to minimize the harm done to the User's interests
5.2. The Service shall be provided on the as-is basis, in the form in which it is available at the time of the provision, without any express or implied warranties (including but not limited to the warranties regarding the use of the Service for particular purposes).
5.2.1. No information or advice given by the Contractor, its branches, companies commissioned by the Contractor or the Service suppliers shall be regarded as warranties because such information and advice are given by way of consultation and are not a technical method of ensuring provision of the Service.
5.2.2. Neither the Contractor nor its branches warrant that the Services shall be provided continuously or without errors or that the software or any other materials received by means of the Service are free from viruses and other harmful components. Under no circumstances shall the Contractor, its branches, companies commissioned by the Contractor or the Service suppliers be liable for direct or consequential damages sustained by the User as a result of the use of or the impossibility to use the Service or Internet access or a part thereof; or as a result of the information, services or goods delivered by or through the Service; or as a result of errors, gaps, interruptions in the operation, removal of files, defects, operational or data transmission delays.
5.3. If dissatisfied with the Service, its terms, conditions, rules, quality, contents or the actual provision of the Service the User shall have an exclusive right to stop using the Service.
In this case the mutual settlements between the Parties shall be effected in accordance with the terms and conditions set forth in Section 6 of this Agreement.
6. Payment for the Service and Purchases through the Service
6.1. To use the Service the User shall maintain a positive balance of its electronic account opened by the Contractor. The User shall effect payments for the Contractor's Services in due time, without allowing the balance of the account to drop to zero (with the exception of Users whose agreements stipulate a different payment procedure in accordance with their tariff plan).
6.1.1. The prices for the provided Services shall be fixed in Russian Roubles for private persons and in conventional units for legal entities and self-employed entrepreneurs. Payments shall be made in Russian rubles. The conventional unit rate where applicable is equal to the US dollar rate of the Central Bank of the Russian Federation effective on the day of payment plus 3 percent. The credited funds shall be spent by the User in its absolute discretion, in compliance with all provisions of this Agreement. The funds which have not been used up by the User (in accordance with the terms of the tariff plan established for the User and this Agreement) shall not be refunded and shall be used to compensate for all costs and expenses related to User's electronic account maintenance (including costs of communications links lease, arrangement of access lines, User's electronic mailbox maintenance, provision of 24-hour maintenance services to Users and other expenses incurred by the Contractor for provision of the Service).
6.1.2. The information concerning the balance of the User's account and the payments due from the User shall be presented in the User's electronic account on the site "Personal Office" http://voffice.rol.ru. The User shall regularly check the status of its electronic account so as to keep itself posted up thereupon.
6.1.3. Information concerning the current tariffs shall be permanently available on-line on the Contractor's site http://services.rol.ru.
6.2. The Contractor reserves the right to suspend ("freeze") the provision of the Service if the balance of the User's electronic account becomes negative or if a payment was not received by the Contractor on or before the due date established by the terms and conditions of the User's tariff plan and indicated in the information relating to the User's electronic account on the site "Personal Office" http://voffice.rol.ru.
6.2.1. Whenever the right to the use of the Service has been suspended and/or the balance of the account remains negative for more than fifty (50) days, the Contractor reserves the right to stop the provision of the Service (with the exception of Users whose agreements stipulate a different procedure for stopping the provision of the Service in accordance with tan). In this case the use of the Service may be resumed only upon new registration.
6.3. The Contractor may, at any time, change the tariffs or impose new payments in addition to the existing ones with prior notification of the User to be made not less than ten (10) days before the date on which the changes take effect. The notification shall be in the form of a message sent to the e-mail address assigned to the User at the time of registration.
In the event of disagreement with any tariff change or new payments imposed in addition to the exiting ones the User shall immediately stop using the Service. If the User continues to use the Service after the changes indicated in the notification has taken effect, this fact shall confirm the User's consent to the changes.
6.4. Any benefits, discounts and privileges in respect of the payment for the Service cannot be used by the User repeatedly and cannot be combined unless expressly specified otherwise in bilateral agreements between the Contractor and the concrete User.
6.5. The User may , in its discretion, make purchases through the Service bearing in mind the following (in addition to the provisions of Clause 4.2.2 of this Agreement):
- the seller and/or supplier of information or services selected by the User may ask the User to present certain information, including the data of the bank card and/or some other means of payment. The User accepts the condition that all information presented by the User to any seller or any supplier of goods, information or services through the Service shall be accurate, complete and true as of the given moment (the moment of presentation of such information);
- the sellers and suppliers of goods, information and services through the Service fix their prices by themselves and may change the prices and/or impose payments for the goods, information and services at any time;
- such purchases shall be made by the User on its own responsibility and at its own risk. The Contractor shall not bear any liability for the consequences of a purchase made by the User through the Service since such purchase is beyond the control and outside the responsibility of the Contractor.
6.6. The User shall bear full responsibility for keeping secret and preserving its password and keyword specified in the course of registration and used for User identification purposes. Keyword identification shall be performed when the User calls to the User Maintenance Service to change its lost password or when the User makes authorized transactions in its Personal Office on the User's account and the Personal Office is out of service. The User shall pay all bills due to the actions of third persons who have used the User's login, password, keyword or bank card or some other means of payment at the prices which were effective when these actions were taken.
6.6.1. The User shall also assume the responsibility for the payment of all taxes connected with the use of the Service and purchases through the Service.
6.6.2. The User shall make payments for the Service in accordance with the established tariffs. The prices and tariffs may be indicated exclusive of taxes, duties and other charges which are effective on the day on which the Agreement is signed or are introduced during the period of the use of the Service.
6.7. In cases provided by the applicable laws of the Russian Federation the tariffs for the Service may be regulated by the state. The disputes relating to this matter shall be dealt with in accordance with the applicable laws of the Russian Federation.
6.8. Authorization Agreement
6.8.1. The User shall authorize the Contractor to charge payments for all services, goods and information, directly provided by the Service to the User and to all persons using the User's login and password, from the bank card indicated by the User at the time of registration.
The User accepts the condition that all payments charged by the Contractor from the User's bank card shall be charged in accordance with the card servicing conditions. The User shall immediately notify the Contractor by telephone at +7 495 363 2111 if the bank card is invalidated for whatever reason or if the User wants to terminate this authorization agreement.
6.8.2. The User accepts the condition that the Contractor shall carry out preauthorization of the User's credit card at the time of registration and each time payments are to be charged for the goods, information and services received though the Service in accordance with the current tariffs (including but not limited to monthly fees).
6.9. The User shall independently pay all expenses incidental to connection to the Service (use of the PSTN, overlay telephone networks, dedicated communication channels, etc.).
7. Rules for the Use of the Service
7.1. During the use of the Service it shall be forbidden to:
7.1.2. Restrict access of other Users or prevent other Users from using the Service.
7.1.2. Send advertising, informational and other materials without the consent (in the absence of a corresponding request) of addressees or to thematically unsuitable electronic publications and conferences.
7.1.3. Carry out blanket mailing of advertising, informational and other materials to other Internet users, unless the addressees agree to receive these materials, by sending such materials to personal e-mail addresses and through universally accessible electronic publications and conferences which are not intended for this purpose.
Note 1. The Contractor reserves the right to carry out blanket mailing of messages relating to the performance of this Agreement.
Note 2. "Blanket mailing" means simultaneous transmission of messages to two and more addresses, if the User does not have the consent of the owners of these addresses to the receipt of the messages. This restriction is completely unrelated to the electronic subscription system.
Note 3. The Contractor shall use its best efforts to prevent unauthorized blanket mailing by third persons, specifically by blocking transmission of blanket-mailed messages from the User's electronic address.
7.1.4. Undertake unauthorized intrusions into any technological components (nodes) of a program, databases and other elements of the Contractor's network, the Internet, i.e. actions which, if committed or attempted, entail criminal responsibility established in the Russian Federation by Chapter 21 of the Criminal Code of the Russian Federation (CC RF) "Crimes Against Property": Article 159 "Fraud"; Chapter 28 of the CC RF "Crimes in the Sphere of Computer Information": Article 272 "Unauthorized Access to Computer Information," Article 273 "Creation, Use and Dissemination of Harmful Computer Programs," Article 274 "Violation of Rules of Operation of Computers, Computer Systems or Networks."
7.1.5. Send or make available through the Internet any information, whose dissemination contradicts Russian or international law.
7.1.6. Transmit any information or software which in one way or another contains viruses or other harmful components.
7.1.7. Send, transmit, reproduce, present or use in any form for commercial purposes the information, software or other materials fully or partially received by means of the Service (if this is not expressly authorized by the supplier of such information, software or other products).
7.1.8. Without the permission of the owner or lawful title-holder send, transmit, reproduce or disseminate by any method, fully or partially, the software or other materials protected by copyrights and other rights and received by means of the Service or send, transmit or disseminate by any method any component of the provided Service or any work created on its basis since the Service itself is protected by copyrights and other rights.
7.1.9. Violate the rules and regulations of Internet resources application made up by the Contractor and/or a lawful owner of such resources. Whenever the User disagrees with regulations applicable to any resource, it shall immediately refuse from use of such resource.
7.2. The Contractor shall not intentionally look through or disclose any private e-mail messages (save in the cases provided by law). The Contractor shall not be obligated to check the contents of the information disseminated by means of the Service. However, the User accepts the condition that the Contractor shall have the right periodically to check the information passing through the Service and disclose any information if this has to be done under the law, in accordance with the requirements of competent government agencies, for normal functioning of the Service, for the protection of the Contractor, other Users and third persons whose rights and interests were or may be infringed.
7.3. The Contractor reserves the right to refuse to transmit or to remove from its servers any information or materials, fully or partially, if they are considered by the Contractor, exclusively from its own point of view, to be unacceptable, undesirable or contrary to this Agreement.
7.4. When receiving the Service the User shall enjoy the benefits established by the applicable laws of the Russian Federation for certain categories of the population.
8. Liability for Nonperformance of the Agreement
8.1. The Contractor may stop the User's access to the Service or a part thereof without a warning if the User is involved in the actions which are considered by the Contractor, exclusively from its own point of view, to be contrary to this Agreement. If the Contractor refuses to provide the Service to the User for this reason, the User shall not:
- gain access by means of the Contractor's Service to any materials stored in the Internet;
- enjoy any benefits, discounts and privileges to which the User is entitled; the benefits, discounts and privileges already granted shall be discontinued;
- gain access to the services, goods and information of third parties in the Internet by means of the Contractor's Service. The Contractor shall not be responsible for notifying third parties of the abolition of the User's access and for any consequences that may result from the absence of such warning.
8.2. The User shall not make the Contractor, its branches or companies commissioned by the Contractor a respondent or co-respondent in respect of any obligations and expenses connected with the violation of this Agreement by the User or other persons using its login and password; or connected with the use of the Service or the Internet; or connected with the placement or transmission of any message, information, software or other materials in the Internet by the User or other persons using its login or password.
9. Miscellaneous (Concluding Provisions)
If any provision of this Agreement does not lend itself to literal interpretation, this provision shall be interpreted in accordance with the applicable laws with due regard to the original interests of the Parties and the remainder of the Agreement shall remain fully in force.
The failure of the Contractor to ensure strict compliance with any provision of this Agreement shall not be regarded as a refusal of the compliance with this provision. Neither the existing practical behavior of the Parties nor the practical experience in the provision of similar services shall be used as a reason for modifying any provision of this Agreement.
The Contractor may modify the terms and conditions of the Service delivery (this Agreement) having preliminarily, but not later than 10 days before a new revision comes into effect, notified the User by presenting the modified Agreement on Contractor's Site http://services.rol.ru in the section Agreement on the Provision of the Service.
The continued use of the Service after the modified Agreement effective date shall be regarded as the User's consent to such modifications
The User shall regularly, at least once a week, check the section "Agreement on the Provision of the Service" to keep track of such modifications.
If any modifications and/or additions are unacceptable to the User, the User may immediately stop using the Service.
This Agreement has been executed and shall be performed in accordance with the laws of the Russian Federation. Any claims connected with the Service shall be filed within one year of the appearance of the reason for the claim.
This Agreement determines all relations between the Contractor and the User regarding the Service, unless otherwise provided in additional agreements between the Contractor and the User.
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