the limited liability company "BitWeb", hereinafter referred to as "Contractor", represented by General Director of Ilyushin, I. V., acting on the basis of the Charter expresses its intention to enter into a Contract for the provision of domain name registration, placement of content, files and information of the Customer on the technical resources of the Contractor with access to transportation and information channels to the Internet (hosting) on the terms of this Offer:
Acceptance of the Offer – full and unconditional acceptance of this Offer by performing the actions specified in clause 2.2 of this Offer. Acceptance of the Offer creates a contract between the Contractor and the Customer;
Customer – a person who has accepted the Offer and is a consumer of the Contractor's services under the concluded Contract;
Contract – a contract between the Customer and the Contractor for the provision of services for the registration of domain names, the placement of the content, information and files of the Customer on the technical resources of the Contractor that are connected to the transport and information channels of the Internet (hosting), which is concluded by Accepting the Offer.
Performer's website - electronic representation of the Performer on the Internet - https://bitweb.ru and https://bitweb.center with the help of which the Customer has access to the services and virtual services of the Contractor. It is displayed through the program for viewing Internet sites (browser).
Password – a secret set of letters and numbers, which, in combination with the Customer's login, serves as its identifier.
Payment - funds deposited by the Customer to the Contractor, or to a person authorized by him in accordance with the terms of this Offer.
Billing period (subscription) – the period used by the parties to determine the cost of services and the frequency of payments to the Customer when the Contractor provides periodic services. The minimum billing period is 1 (one) month, which is calculated from the start date of the provision of Services until the same date of the next calendar month. If the end of the billing period falls on a month in which there is no corresponding date, then the billing period expires on the last day of that month.
1.1. The contractor by the Client undertakes to render the last services for the registration of domain name and/or location of the content, information, and Customer's files on the technical resources of the Contractor with access to transportation and information channels to the Internet (hereinafter - Services), in turn, the Customer shall pay for the services of the Performer on the terms of this Agreement.
1.2. The list of Services provided by the Contractor is formed by the Customer through user interfaces on the Contractor's Website.
2.1. The cost of the Contractor's Services is determined in accordance with the tariff plans and additional services selected by the Customer in their personal account on the Contractor's Website.
2.2. The Customer pays the cost of the Contractor's Services by transferring the payment amount directly to the Contractor, or to its authorized persons-agents acting on behalf of and in the interests of the Contractor, or independently in the following ways:
* non-cash transfer to the Contractor's bank account;* by depositing funds through the payment system of the authorized agent of the Contractor, in accordance with the provisions of the current legislation of the Russian Federation and the rules of use of the corresponding payment system;
· in other ways, directly established by the Contractor.
2.3. All payments under this Offer are made by the Customer in the order of 100 % prepayment for each billing period.
2.4. The moment of payment of the cost of the Contractor's Services is the moment of crediting the funds to the current account of the Contractor or the authorized agent.
3.1. The Contractor undertakes to:
3.1.1. From the moment of acceptance of this Offer, proceed to the provision of Services, the list of which is formed by the Customer through the personal account on the Contractor's Website.
3.1.2. Notify the Customer by e-mail or by any other agreed method of all additions and changes to this Offer or its Appendices, as well as of changes in payment details, at least 30 (thirty) days before the start of such changes.
3.1.3. In case of interruption in provision of paid Services to take all possible measures to eliminate the causes of the interruption and resumption of Service
3.1.4. The contractor is entitled to suspend the provision of Services for the time needed for preventive and routine maintenance on its equipment, prior notification of the Customer not less than a day prior to such works.
3.1.5. The contractor is entitled to take steps to remove controversial content or terminate your access to the website of the Customer, which violates the copyrights and other rights of third parties, upon receipt of the notice from the copyright holder or other sources of violation of third party rights.
3.1.6. The Contractor has the right to suspend the provision of Services when the balance of the Customer's personal account in the Contractor's accounting system reaches zero.
3.1.7. In order to verify compliance with the security requirements, the Contractor has the right to periodically scan the Customer's services and servers.
3.2. The Customer undertakes to:
3.2.1. Comply with the requirements set out in this Offer and its Annexes.
3.2.2. Make timely payment for the services of the Contractor in the manner, in the amount and within the time limits established by Section 2 of this Offer.
3.2.3. Observe the proportionality of the load on the Customer's server, during the period of the Contract, the maximum load on which can not exceed the values set for the corresponding tariff plans selected by the Customer, or the values selected by the Customer independently in the personal account on the Contractor's Website.
3.2.4. When placing information materials and files of the Customer on the technical resources of the Contractor, follow the current legislation of the Russian Federation.
3.2.5. Do not post information, computer software, databases, or other intellectual property objects on the Contractor's technical resources without the appropriate permission of the copyright holder.
3.2.6. Prevent and prevent cases of unauthorized access to the software and hardware used and prevent the use of the provided network resources for attempts of unauthorized access to the servers and services of the Internet.
3.2.7. When using mail services, the software used must ensure that it is impossible to receive mail from non-existent email addresses and to receive / forward messages to email addresses that do not belong to the network (domain) The customer (prohibition of "open" relay).
3.2.8. Not to perform actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software) that do not belong to the Customer.
3.2.9. At the request of the Contractor, send a copy of the identity document (for individuals), for legal entities – certified copies of documents confirming the proper registration and tax registration of the legal entity and the competence of its representative.
3.2.10. The Customer is not entitled to use the Services of the Contractor for the purposes of:
220.127.116.11. Posting information of a pornographic nature, including with the participation of minors. At the same time, whether the image is erotic or pornographic is determined by the Performer independently on the basis of their own beliefs.
18.104.22.168. Posting any materials containing viruses or other computer codes, files or programs of a malicious nature, as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information.
22.214.171.124. Placement of queuing services, including but not limited to public mail services, redirect services, etc.
126.96.36.199. Launch any IRC-related software.
188.8.131.52. Install scripts that are gates for Trojans (Pinch, A311, and similar types).
184.108.40.206. Hosting any kind of proxy, as well as torrent clients, servers, and trackers.
220.127.116.11. Use of the Contractor's servers as transit, as well as for other illegal purposes.
18.104.22.168. Distribution of advertising information and spam that is not specifically permitted, including search spam.
4.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Offer in accordance with the current legislation of the Russian Federation.
4.2. The Contractor has the right to suspend the provision of Services in case of violation by the Customer of the rules established by this Offer or its Annexes.
4.3. The Contractor shall not be liable for the Customer's claims to the quality of Services rendered related to the quality of the functioning of the Customer's Internet service providers, the city telephone network, the functioning of the Customer's subscriber equipment, the functionality and operability of the Customer's software, the actions of third parties and other circumstances beyond the Contractor's control. As well as for lost profits and lost profits, for any indirect losses incurred by the Customer during the period of using or not using the services of the Contractor.
4.4. If the Customer fails to comply with clause 3.2.6 of this Offer, the Contractor has the right to suspend the provision of Services until the required documents are provided.
4.5. If the Customer violates clause 3.2.8 of this Offer, the Contractor has the right to terminate the Contract.
4.6. The Contractor has the right to suspend the provision of Services if the Customer violates the payment procedure defined by this Offer.
4.7. The Contractor has the right to suspend the provision of Services the Customer's site is subjected to repeated Ddos attacks, and the Customer does not take sufficient actions aimed at preventing such Ddos attacks, including not using the "Ddos Protection" services provided by competent organizations.
4.8. The Contractor has the right to delete the Customer's account, as well as related services and Customer information stored on the Contractor's servers, including the content of the Customer's account, if the Customer does not pay for the Contractor's services within the time limits set by this Offer. For the virtual server service, the relevant information is deleted by the Contractor after 10 (ten) calendar days from the end of the paid billing period.
4.9. The Contractor is not responsible for the performance of the software (operating systems, configuration selection, etc.) installed and/or configured by the Customer on the Contractor's virtual server.
4.10. The Contractor does not exercise control, does not moderate and is not responsible for the information transmitted by the Customer to its customers and/or visitors to the Customer's website.
4.11. In case of inactivity of the virtual server of the Contractor, the latter is liable for violation of the terms of this Offer only in the amount proportional to the payment of the cost of Services for this period of inactivity of the virtual server.
4.12. The Customer and the Contractor undertake to ensure the confidentiality of the Customer's credentials (a set of passwords for accessing the Contractor's technical resources and other information authorizing the Customer on the Contractor's Website). At the same time, the Customer is solely responsible for the safety of their username and password required to access the Customer's account on the Contractor's Website, as well as for everything that will be done on the Contractor's Website when logging in with this username and password.
4.13. If the Customer violates the terms of this Offer or uses the Contractor's services for purposes contrary to the legislation of the Russian Federation, the Contractor has the right to terminate the Contract. In this case, the funds for the remaining period are not returned to the Customer.
4.14. If the Customer has caused losses to the Contractor, including disconnecting servers, networks, getting IP in the black-list, etc., the Customer is obliged to compensate the Contractor for the losses caused in full.
4.15. In the event of suspension of the provision of services to the Customer due to a reasoned complaint from third parties due to a violation of the terms of this Agreement and/or due to other reasons more than once a month, the Customer undertakes to pay a fine for the resumption of the service in the amount of a monthly payment at the current rate. If there are funds in the required amount on the Customer's Personal Account, the Contractor has the right to retain this amount independently in an unconditional manner.
4.16. If the Customer violates the provisions of clause 3.2.3 of this Offer, the Contractor sends the Customer a corresponding notification, and also suspends the provision of Services until the Customer eliminates this violation or the Customer switches to another tariff plan. 4.17. The Contractor under this Agreement is not a direct participant in the process of transmitting, storing and processing information posted by the Customer, and accordingly is not liable to third parties for any violations of their rights in connection with the posting of such information.
4.18. If the Contractor receives notifications and other requests from law enforcement agencies that the information posted on the site violates the rights of third parties or is illegal, as well as that the Contractor's Services are used in violation of the law, the Contractor has the right to immediately suspend the provision of Services. The resumption of the provision of Services is possible only after the Contractor receives a notification from the relevant law enforcement agencies that lift sanctions against the Customer's site.
5.1. The Contract may be terminated by the Customer at the end of the paid billing period by refusing to pay in advance for the Services of the Contractor for subsequent billing periods or by sending the Contractor a written notice of termination of the Contract. In this case, the unused balance of funds is not returned to the Customer, and the Customer's arrears in payment for services are compensated by them.5.2. The Contract may be terminated by the Contractor by sending a notice of termination of the Contract no later than 10 (Ten) days before the date of termination of the Contract. In this case, the Customer will be refunded the balance of funds unused at the time of termination of this Agreement, and the Customer's arrears in payment for Services will be compensated by them. 5.3. If the Customer violates the terms of this Offer or its Appendices, the Contract concluded between the Customer and the Contractor may be terminated by the Contractor by sending a notice of termination of the Contract no later than 1 (one) month in advance.) one hour until the moment of termination of the Contract. At the same time, the unused balance of funds is not returned to the Customer, and the Customer's debt in payment for services is compensated by them.
5.4. The Contract is considered terminated if the Customer does not receive payment for the cost of Services for subsequent billing periods within 14 (Fourteen) days from the expiration of the paid billing period.
6.1. The Contractor and the Customer are released from liability for partial or complete non-performance of obligations under this Offer, if it is caused by circumstances of force majeure, namely: fire, flood, earthquake, war or other circumstances beyond the reasonable control of the parties, and if these circumstances directly affected the performance of the Contract.
7.1. Disputes and disagreements that may arise during the performance of the Contract will be resolved through negotiations between the Parties.
7.2. If it is impossible to resolve the dispute between the Parties through negotiations, this dispute is referred to the court of Bryansk.
8.1. The Customer accepts the Offer by paying for the services of the Contractor, in respect of which the Contract is concluded, in accordance with Article 2 of this Offer.
9.1. The Offer comes into force from the moment of its publication at: https://bitweb.ru/contract-services and it is valid until the moment of withdrawal of the Offer by the Contractor.
9.2. The Contractor reserves the right to make changes to the terms of the Offer or to withdraw the Offer at any time at its sole discretion.
10.1. Acceptance of this Offer by the Customer creates a Contract (Article 438 of the Civil Code of the Russian Federation) on the terms of this Offer.
10.2. The Contract comes into force from the moment of Acceptance of the Offer by the Customer and is valid:
10.2.1. until the Contractor fulfills its obligations to provide Services in the amount corresponding to the amount of the prepayment made by the Customer;
10.2.2. until the termination of the Agreement.
10.3. The Customer agrees and acknowledges that making changes to the Offer entails making these changes to the Contract concluded and in force between the Customer and the Contractor, and these changes to the Contract come into force simultaneously with such changes to the Offer.
11.1. The Customer agrees that the provision of Services by the Contractor may include the use of software, equipment or configurations provided by third parties. These third parties have the right to make changes to the way their products are provided, which may significantly affect the Services.
11.2. The Contractor does not guarantee the acceptance of the Customer's mail from remote networks, the functioning of which has led to the inclusion of the address of such a network in the lists for which the Contractor's mail delivery program does not accept mail.
11.3. In the event of suspension of the provision of Services, the Contractor undertakes to notify the Customer within one day from the moment of the occurrence of this event by e-mail.
11.4. The Contractor has the right to suspend the provision of Services or delete information, information materials and files that clearly violate the current legislation of the Russian Federation.
11.5. The Contractor has the right to monitor all or individual actions of the Customer for compliance with the terms of this Agreement and its Annexes.
11.6. The Customer gives the Contractor his consent to notify the Customer about discounts, news and special offers by e-mail.
11.7. The time of all actions of the Parties is Moscow time, determined on the basis of the Contractor's data.
11.8. All notifications and notices of the Parties shall be sent to each other by electronic messages.
11.9. The Customer sends any notifications and notices to the Contractor at the Contractor's email addresses in accordance with the data specified on the Contractor's Website.
11.10. The Contractor sends notifications and notifications to the Customer at the email addresses specified by the Customer when registering (creating an account) on the Contractor's website, as well as by posting information on the Contractor's Website.
11.11. When using e-mail, the Parties guarantee that only authorized representatives of the Parties have access to the e-mail addresses of the Parties, and the information transmitted via e-mail (including images, photos, text and other documents in digital form) is reliable and strictly confidential information.
|The limited liability company «BitWeb»|
|241050, Bryansk, Kalinina str, 98A|
|241050, Bryansk, str. Kalinina, 98A, LLC «BitWeb»|
|+7 (495) 005-0004|
|SBERBANK (SREDNERUSSKY HEAD OFFICE)|