ISPsystem Services user Agreement

This ISPsystem Services user Agreement (hereinafter – the “Agreement”) constitutes an agreement between you (hereinafter – “you”, “User”) and JSC “ISPsystem” (hereinafter – “ISPsystem”) acting as ispsystem.com web-site administrator and rendering services in your favor, which are the subject of this Agreement. Relationships arising between you and ISPsystem while you are using ISPsystem Services shall be govern by this document.

By completing the registration process of your account and/or using the ISPsystem Services, you hereby agree that you are eligible for your account and are bound by these terms and conditions as well as by terms and conditions of the Privacy Policy.

Please, direct your attention to the fact that you accept all terms and conditions of the foregoing documents without any exception. Use of ISPsystem Services without accepting terms and conditions of this Agreement is prohibited.

By pressing the «I agree with terms and conditions, Register» button, you confirm your compliance with all these documents and you confirm that your consent is informed and unconstrained. If you represent a person who is willing to conclude this Agreement then you confirms that this person has vested you power for this actions / you are authorized to represent interests of this person due to applicable law.

ISPsystem is entitled to amend this Agreement and/or the Privacy Policy at any time by posting a revised version on ISPsystem web site in “Legal documents” section. You shall be responsible for reviewing all amendments.

Your violation of this Agreement may cause account blocking, limiting access to your account as well as account deleting and termination of this Agreement.

This Agreement is not a contract of adhesion/standard form contract as it described in articles 426, 428 of Russian Civil Code.

DEFINITIONS

ISPsystem Services – online service which functionality provides Users with the opportunity to acquire software applications (software systems) licenses available on ISPsystem web site, to which exclusive rights are owned by ISPsystem or by other third parties, and to obtain services rendered by ISPsystem or by other third parties. Software applications and services acquisition shall be made through conclusion of corresponding licensing and other agreements, which conclusion is allowed by ISPsystem Services. Terms and conditions of the above-mentioned agreements are not set forth herein. ISPsystem Services functionality may be used for Account creation and its management by the User.

Login, Password - unique characters (figures/letters/marks – depending on technical features of interface) to be created while completing the registration process on the ISPsystem web site. Login and Password collectively shall be deemed by the Parties as User’s equivalent handwritten signature while making legal acts and/or execution of electronic documents while using ISPsystem Services. Login may not be changed. Password may be changed via interface of ISPsystem web site.

Authorization – User’s Password and Login entry.

Account - the method used to register payment and statistical information while using ISPsystem Services functionality, information about licenses for the software products have been acquired by the Users, as well as the data on mutual settlements between ISPsystem and User, on the amount of advance payments not used by the User and other information substantial for the Parties. Individual Account shall have a unique number (which may not be revealed to the User) and shall be directly connected with the Login. An access to the Account shall be granted only after User’s Authorization as a person who concluded this Agreement and created the Account.

Payment Services – complex of software and hardware means which provide Informative and technological interaction among its users while making payments via Internet network. ISPsystem shall decide at its own discretion the particular list of the Payment Services which may be used for the purposes of execution of this Agreement and shall place the foregoing list on ISPsystem web site. Payment procedures are determined by terms and conditions set forth by Payment Services providers.

Party/Parties – the User and ISPsystem / the User or ISPsystem.

ISPsystem web site – set of web pages in information and telecommunication network Internet, consolidated by unified address space of domain ispsystem.com, and all domains and subdomains of the following levels.

1. General terms of ISPsystem Services

1.1. The conclusion of this Agreement shall be made by completing the registration process, i.e. by several steps undertaken by individual (representative of a legal entity) using the ISPsystem web site interface. The registration process shall in all cases include the following stages (but not limited to):

1.1.1. Input of all data regarding the User required by the ISPsystem web site interface;

1.1.2. Familiarization with terms and conditions of this Agreement and terms and conditions of Privacy Policy;

1.2.3. Confirmation of compliance with terms and conditions of this Agreement and with terms and conditions of Privacy Policy by checking the box and pressing «I agree with terms and conditions, Register» button;

1.1.4. Confirmation of acceptance of this Agreement in the ISPsystem web site interface.

1.2. By accepting the terms and conditions of this Agreement and obtaining the right to use ISPsystem Services, the User confirms that:

1.2.1. he concludes the Agreement on a voluntary basis, consciously, without any compulsion by ISPsystem and/or third parties whatsoever;

1.2.2. he is competent and legally capable and has the right to conclude this Agreement, he has received all required permissions for carrying out of activities (including in Internet) within his residence state, he is not under any statutory restrictions of using ISPsystem Services;

1.2.3. information submitted by the User by completing the registration process is reliable, doesn’t violate any third party rights. Scope of information that shall be provided by the User by completing the registration process may depend on the fact whether the User is an individual or a legal entity (sole entrepreneur). ISPsystem at any time is entitled to request confirmation of User’s information provided;

1.2.4. he has the technical ability to use ISPsystem Services.

1.3. If this Agreement is concluded on behalf of and by order of the User by its representative, such representative hereby confirms that he holds all rights for the conclusion of this Agreement granted by the User. ISPsystem may request the confirmation of powers to conclude this Agreement from such legal representatives at any time (including after the conclusion of this Agreement and its coming into effect). In case of failure to provide this confirmation, access to ISPsystem Service may be limited.

1.4. ISPsystem Service is rendered to the Users on free-of-charge basis under the terms and conditions of compliance with this Agreement, unless otherwise provided herein.

1.5. Successful passing of the Authorization (i.e. entry of correct Login and Password) shall mean that the User is identified as a person who concluded this Agreement, unless otherwise provided herein. The User shall have a right to grant an access to the ISPsystem Service to his employees only when it is directly allowed by the ISPsystem Service functionality, provided that the User shall remain responsible for the compliance of this Agreement by mentioned persons as well as remain responsible for all actions made by these persons while using the ISPsystem Service functionality. The User may grant the above-mentioned access either by providing the User’s employee with Login and Password or by creating additional Login and Password in the system’s interface (total amount of such logins and passwords, procedure of their creation and so on and so forth shall be determined by the ISPsystem Service functionality with its detailed description in corresponding technical documentation.

ISPsystem always proceeds from the fact that all actions (including legal actions) made by the User after successful completion of Authorization in the ISPsystem web site interface, are made by such User or with the User’s direct consent (including when mentioned actions were made after entry of additional Login and Password as provided above).

The User may not refer to the invalidity of actions made on behalf of the User because of the fact that Users did not provide the third parties with corresponding authorities and/or these third parties exceeded the authorities granted.

1.6. If the User lost access to the ISPsystem Services against his will, the User shall immediately notify the ISPsystem about this fact. Such notification, however, does not impose any additional obligations on ISPsystem, other than the obligations mentioned in this Agreement.

1.7. Either individual or legal entity (sole proprietor) may use ISPsystem Services.

1.8. Hereby the User agrees that User’s access to the ISPsystem Services functionality may not be provided if advances on the Account balance equal to zero or their sum is insufficient to obtain access to certain ISPsystem Services functionality.

1.9. Hereby the User agrees to receive advertising messages from ISPsystem and/or to view the advertisements, while using ISPsystem Services, without any additional notices, as well as to receive any other information connected with the use of ISPsystem Services.

1.10. Total amount of Accounts that the User may create shall be determined by ISPsystem Services functionality.

2. ISPsystem’s rights and obligations

2.1. ISPsystem hereby agrees to keep confidential all the information received from the User by completing the registration process of User’s account as well as any data to be provided by the User while using ISPsystem Services. Disclosure and transfer of such information to the third parties (including state authorities) may be carried out in cases stipulated by applicable legislation.

2.2. ISPsystem reserves the right to take any measures that do not contradict the applicable legislation in order to restrict access to the ISPsystem Services / to block access to the ISPsystem Services against Users who breach the provisions of this Agreement.

2.3. ISPsystem at its own discretion is entitled to limit the ISPsystem Services functionality in part or in whole (including due to technical reasons, for maintaining purposes etc.), without prior notification of the User.

2.4. ISPsystem shall have a right to change the ISPsystem Services, including its structure, functionality, design, content etc. at any time. In case of such changing, the User is not entitled to demand access to the ISPsystem Services in the form which existed before the foregoing changing.

2.5. Should the ISPsystem Services functionality allows Users to make comments which could be seen by other Users, ISPsystem shall have a right to moderate information posted by the User (either before or after making the comment). The foregoing information may be changed/deleted without assigning any reasons at any time. Hereby the User agrees that all exclusive rights on information, which the User has made public while using the ISPsystem Services, are owned by ISPsystem immediately upon this information beening made public.

2.6. For the purposes of protection of results of intellectual activity, receipt of statistical data, performance of the ISPsystem obligations to the User, as well as for the purposes of ensuring safety and due performance of the ISPsystem Services, ISPsystem shall have the right to use technical tools and methods for protection of intellectual activity results and information (digital rights management software).

3. User’s rights and obligations

3.1. The User shall comply with all terms and conditions of this Agreement and to review by himself new versions published on the ISPsystem web site in section “Legal documents”.

3.2. While using ISPsystem Services the User shall comply with ISPsystem (its affiliates, partners) intellectual property rights.

3.3. While using the ISPsystem Services the User may not bypass and/or eliminate technical tools and methods for protection of intellectual activity results and information, including security tools used on the ISPsystem web site.

3.4. The User shall have the right (through the ISPsystem Services) to obtain access to all the data on his Account, including at any time to check the state (balance) of his Account, to obtain information about all transactions made via his Account, after the authorization (by entering the due login and password), provided that the User successfully passed Authorization on the ISPsystem web site.

3.5. The User shall independently ensure non-disclosure (confidentiality) of his Login and Password required for the Authorization (as well as any other data that may be used to obtain access to the ISPsystem Services on behalf of the User), and shall be liable for his failure to preserve such data, or for their disclosure, by any means.

3.6. The User shall use only legal Payment Services to deposit funds in the User’s Account due to applicable law in respect of such operations. The User guarantees that he has the right to use Payment Services used by him to pay for the deposit funds in the User’s Account. ISPsystem shall not be liable for any possible damage to any third parties caused as a result of the use by the User of any funds not owned by him/her.

4. Payment procedure

4.1. In order to get fee-based ISPsystem Services, the User needs to credit his Account in such a manner that its balance is at least equal to the price of certain ISPsystem Service that User is willing to obtain.

The list of payment methods as well as list of Payment Systems that may be used by the User for payments are described on the ISPsystem web site.

All payments arising from this Agreement may be performed by the Parties either through a bank wire transfer or by using Payment Systems. All transactions made via Payment Systems shall be done in compliance with rules provided by corresponding Payment Systems providers.

4.2. Account balance (i.e. total amount of unused funds for payment for ISPsystem Services) is reflected in Euro. Payment for the ISPsystem Services shall be performed in rubles at the Bank of Russia exchange rate at the date of payment. When the User is not a Russian resident, for purposes of exchange regulation and exchange control rules, and this User credits his Account with currency different from Russian Federation currency, the payment for ISPsystem Services may be performed in foreign currency according to applicable exchange regulation and exchange control provisions, ISPsystem’s bank requirements, as well as due conditions of ISPsystem Services acquisitions, for which the User is to pay in a foreign currency.

4.3. The Party expressly mentioned on the ISPsystem web site shall be responsible for all fees stipulated by banks (other banking institutions), Payment Services while crediting User’s Account.

4.4. The User shall be liable for monitoring his Account, amounts available for getting fee-based ISPsystem Services, fees and charges withheld while Account crediting.

4.5. The User’s funds deposited on the Account are not subject to charging interest on it (or any other type of income). ISPsystem does not provide the User with credits, loans or any other financial resources that credit Account balance.

4.6. The User’s funds deposited on the Account may be used only for the purposes of payment for the ISPsystem Services. ISPsystem is not a payment system or a banking organization and it does not transfer funds (including electronic funds) among the Users.

4.7. ISPsystem Services’ terms of use, its descriptions, as well as any other features are described on the ISPsystem web site in corresponding sections.

4.8. The User shall have a right to refund unused funds from his Account in case of termination of this Agreement.

Total amount of refund to be made due to the User’s request equals to the amount of unused funds existing on the User’s Account at the moment of User’s request to terminate this Agreement.

Refunds are usually made within 10 (ten) days from the day of receiving the User’s request submitted through ISPsystem Services’ functionality. Refunds are made via the method which was used by the User to credit the account, unless other method in chosen with mutual consent of the Parties or at ISPsystem sole discretion.

Refund period may be extended by the decision of ISPsystem.

When claiming a refund, the User is required to identify himself and take the following steps:

  • submit an application for termination of this Agreement;
  • the fact of the payment has to be proven in documentary form: the document shall be attached to the application (by the decision of ISPsystem).

Upon ISPsystem’s reasonable request the User has to provide other documents necessary for the refund. The refund request may be postponed or refused in cases where necessary documents and data required for refunds are not provided by the User. Postponement/refusal may be performed in cases where some third party claims in respect of the amounts on the User’s Account (e.g. chargeback from payment system and/or bank).

The amounts of discounts granted to the User in respect of ISPsystem Services shall not be refunded.

Commissions (fees) for refund charged by banks or other banking organizations and Payment Systems shall be paid by the User. The amount of such commissions shall be withheld from funds to be refunded without prior notice of the User about existence and certain amount of corresponding commission (fee).

4.9. Taking into account that ISPsystem uses security tools for crediting User’s account in a secured and reliable manner, the User acknowledges and agrees that actual Account credit may be delayed. Such a delay is necessary for the procedures of identification of the User who performed payment, source of payment and its transfer and for compliance with applicable law (for instance, requirements set forth by anti-money laundering and counter-terrorism financing compliance legislation).

4.10. If the User's Account balance has not changed for about 1 (one) year (i.e. no flow of funds, no Account’s crediting, no refunds, no Software Products acquisition through ISPsystem Service, no any other actions made by the Users to show that the User has used ISPsystem Service functionality), then the User shall pay a fee to ISPsystem in amount of 100% of unused funds existing on the User’s Account.

5. Term of the Agreement, its termination procedures

5.1. The term of this Agreement shall commence as of the date of conclusion and shall expire upon 1 (one) year. The term of the Agreement shall be automatically extended for the same period and under the same conditions unless one of the Parties notifies the other Party that it wishes the Agreement to expire.

5.2. This Agreement may be terminated by any Party on a unilateral extrajudicial basis without specifying the reasons for such termination and at any time subject to the notification of the other Party not less than 15 days prior to the expected termination date.

5.3. Termination by the User’s initiative is allowed only if the User does not have indebtedness to ISPsystem for the ISPsystem Services rendered up to the moment of termination.

5.4. Hereby the User agrees that in case of this Agreement termination (regardless whose initiative it is, or in case when termination is made due to mutual consent of the Parties) User’s access to the previously obtained ISPsystem Services may be postponed/refused. ISPsystem shall not be liable for any damages or losses that may occur due to the termination of this Agreement and postponement/refusal of ISPsystem Services.

6. Guarantees and liability of the Parties

6.1. The User uses ISPsystem Services at its own risk and its own responsibility. The ISPsystem Services are provided according to “as is” principle. The ISPsystem Services are rendered without any explicit or implied guarantees.

Particularly, ISPsystem does not warrant that the ISPsystem Services will satisfy the User’s needs, the ISPsystem Services will be provided uninterrupted, fast, reliable and error-free. The User agrees that the result of using the ISPsystem Services may fail to meet the Licensee’s expectations.

6.2. The Parties shall bear responsibility in accordance to the effective legislation of the Russian Federation for the non-execution or improper execution of their liabilities under this Agreement.

6.3. The Licensor shall not be liable for any damages or losses (including, but not limited to any lost profit, losses resulting from the loss of any confidential information) that may occur due to the use or impossibility to use the ISPsystem Services, including in case of any failure of program operation of the ISPsystem Services (or its functionality), even if the User has sent a notice on the possible emergence of any such damage and/or losses. ISPsystem shall not be liable to any persons for the unlawful acts of any third parties, short-term technical deficiencies or failures of equipment caused by network failures and any similar malfunctions which may be applied for using the ISPsystem Services.

6.4. The Parties shall be exempt from liability for any failure to fulfill their obligations or any part thereof if such failure has resulted from circumstances of insuperable force (“Force Majeure”), i.e. any circumstances of extraordinary nature that could not be avoided by the Parties under such conditions. Such circumstances shall, inter alia, include wars (including civil ear), riots, resolutions of state and international authorities (including enrollment persons and legal entities into “sanction lists”), natural disasters, fires, accidents, interruptions in power supply, global disruptions in the Russian or international segments of the Internet, failures of routing systems, failures of the distributed domain name system, failures caused by hacking and DDOS-attacks.

7. Final provisions

7.1. This Agreement may be amended and/or supplemented by ISPsystem at any time during the term hereof. All amendments and/or supplements or new edition of the Agreement and the mentioned documents shall be posted by ISPsystem at ISPsystem web sites and into effect upon the expiry of at least two weeks after such posting in the absence of the User’s objections. The User shall be responsible for reviewing all amendments and/or supplements no less than once in 2 calendar weeks. Should the User disagrees with these changes, the User shall send a notice to ISPsystem in the manner set out in Para 7.3. herein within 3 calendar days after posting such amendments and/or supplements. In such case, this Agreement shall be deemed to be terminated by the Parties as from the date of receipt the User’s notification.

7.2. The correspondence between the Parties on the execution of this Agreement shall be carried out using the contact information provided by each of the Parties.

7.3. For the purposes of electronic messages exchanging, the Parties shall use the «Support Center» section of the ISPsystem information system, which is accessed by the User after Authorization. All messages are also copied to the email address specified by the User in the settings of an information system. Any files attached to an e-mail message (attachments) are deemed integral parts of the message.

7.4. All disputes and disagreements arising from this Agreement shall be considered by the Parties by means of negotiations. In case the consensus cannot be reached by negotiations all disputes shall be settled in the Arbitration court of Irkutsk region (Russia, Irkutsk) in accordance with established laws of the Russian Federation.

7.5. ISPsystem shall be entitled to assign its rights and obligations hereunder to any third parties or charge any third parties with the provision of Services or any part thereof.

7.6. The Parties shall be governed by the regulations of the effective legislation of the Russian Federation in all respects which are not settled by this Agreement.

7.7. In case one or several provisions of this Agreement are declared invalid, the invalidity of these provisions shall not affect the force of other still valid provisions of this Agreement, which shall remain in force for the Parties’ relations resulting from the Agreement.

8. Contact details

JSC "ISPsystem"
INN (taxpayer identification number) 3810037036, KPP (registration reason code) 381201001

Registered address: 664017, Russia, Irkutsk, 34a Mkr. Raduzhniy

Postal address: 664017, Russia, Irkutsk, 34a Mkr. Raduzhniy, P.O.box 30

Phone: +1 941 4621069, Fax: +7(3952)525788

E-mail: sales@ispsystem.com