Conditions of granting of hosting and domain registration services on conditions of an advance payment
Are put into operation by the Order Ν 01/01 from March, 04th, 2008
“Arsenal D” LLC, called further as "Executor", on behalf of Director Abdullaev D. Sh., acting on the basis of Regulation, publishes the present Conditions, being the public offer on rendering services of hosting and domain registration of the second level in UZ zone.
1. General provisions
1.1. The present Conditions in compliance with article 370 of Civil code of Uzbekistan are the public offer of the Executor in address to physical persons, juridical persons and the individual businessmen, containing essential treaty provisions on rendering and using Services.
1.2. The full and unconditional acceptance of the present offer are any actions on performance of the conditions specified in the given offer, including registration as the Client of the Executor, payment of Services by the way stipulated in the present offer, and also other similar actions confirming intentions of the person in using Services.
1.3. From the moment of fulfillment of the acceptance the Client is considered to be familiarized and agreed with the present offer and according to Civil Code of Uzbekistan it is considered to be in contractual attitudes to the Executor according to the present Conditions.
1.4. Duties of the Executor are limited by conditions of the present offer; in particular, duties of the Executor do not include rendering services to the Client on presenting access to the Internet network connection. To the Internet network the Client provides access for his own account independently. Also the Executor does not give a Client the opportunity of reception-transfer of electronic messages at office of the Executor; adjustments and/ or diagnostics of the computer equipment and the software, and also training the Client and/ or his employees to work with program and hardware maintenance.
2. Concepts and the definitions used in Conditions
Concepts and the definitions used in the present Conditions, have following value:
2.1. SERVICES — services of a hosting rendered by the Executor and domain names registration of the second level in UZ zone and other, connected with accommodation and maintenance of the Clients’ information in the Internet network. The full list of Services is specified on Executor’s site by the address: http://www.arsenal-d.uz
2.2. CLIENT — the physical or legal person or the individual businessman, made the acceptance of the present offer in accordance with the article 1 of the present Conditions.
2.3. TARIFF – cost of concrete Service for the certain period of its use caused by specificity of corresponding Service.
2.4. ACCOUNT — structure of concrete data, information, volume of Services as a group concerning a united element of a database of “Plesk” system and individualized by the registration data specified by the Client while registration in “Plesk" system.
2.5. CONTROL PANEL of the ACCOUNT – the software allowing the Client to operate by connection/switching-off and use of Services and also to make other technical and administrative actions with the Account independently.
Concepts and definitions connected with the domain registration of the second level in UZ zone are treated according to Regulations about the order of registration and using domain names in UZ zone
Other concepts and the definitions which directly have been not certain in the present Conditions are treated according to legislation of Uzbekistan.
3. Rules of Services using
3.1. Registration of the Account in “Plesk" system made by the Executor independently on a hosting-server by presenting of registration data of the Client according to the instruction of system. The basic elements identifying the Client in “Plesk" system are – the login and the password specified at registration (data registration). Account Registration is free-of-charge.
The Executor checks data of the Client, and has the right to request at any time acknowledgement of correctness of the entered data or presenting of not entered data (by presenting copies or originals of confirming documents) and to suspend rendering Services till the moment of confirming documents and changes and/ or additions with the Client of required data will be presented.
3.2. Restoration of the password with the help of “Plesk" system’s instruction can be done by the Client independently, under condition of presence Client’s contact e-mail in Account detail information. The Executor restores the password only by presenting by the Client the documents identifying the Client, and conformity of the data specified in presented documents, to the data entered while Account registration. Otherwise the password used by the Client for access to the Account, will not be restored by the Executor.
3.3. The Client has an opportunity to use the Services after paying for Services (with the observance of the present Conditions) from the moment of Account registration.
3.4. The choice and utilization (connection and/ or switching-off) of concrete Services is carried out by the Client independently in the Control panel of the Account. Access to the Control panel of the Account is done on a hosting-server by input of the registration data in corresponding fields of “Plesk" system by the Client.
3.5. Domain registration is one of kinds of Services which are carried out by the Executor as the domain Registrar in UZ zone (according to Certificate R/7 from the Center «Uzinfocom» State Unitary Enterprise).
3.5.1. The Executor does not bear the responsibility for terms and the possible delays of registration connected with technological features of the Manager of domain UZ (the Center «Uzinfocom» State Unitary Enterprise), and also for refusal in domain registration by the Administrator.
3.5.2. According to rules of domain registration, the domain name is considered as been registered from the moment of entering information about him into the corresponding register without documentary issue confirming domain registration.
3.5.3. While you are choosing “Domain registration” Service the Client assumes liability to specify the authentic and correct information required by the Registrar for realization of procedure of domain name registration. Information specified by the Client at a domain name registration, will be a condition of confirmation of the property right for the registered domain name in case of occurrence of disputes concerning its accessory. The information specified by the Client at a domain name registration, is stored at the Registrar. However, if in Registrar’s opinion, the Client had been specified obviously an inadequate information, the Registrar has the right to give up domain registration or to cancel registration till the moment of confirmation the reliability of the information and/ or its change. The responsibility for reliability of the above-stated information is completely taken by Client.
3.5.4. After registration of a domain name the information specified by the Client at registration (partially or completely) becomes accessible (known to an unlimited circle of persons) through popular service «whois». Through this Client confirms that he understands and agrees that the publication of the given information is an obligatory condition of domain name registration, the established by Registrar for all domain names registered in domain UZ zone, and is not infringement of the Registrar of information confidentiality given by the Client. The volume and structure of the information is defined by the Administrator of domain UZ.
3.5.5. At registration of domain names in UZ zone for which the Administrator establishes obligatory rules and conditions of their registration and utilization, the Client, ordering “Domain registration” Service and reporting the information necessary for registration, confirms the consent with the above-stated rules and conditions and undertakes to carry them out.
With rules and conditions of domain name registration in UZ zone the Client can familiarize on a site of the Registrar http://www.arsenal-d.uz and domain Administrator UZ http://www.cctld.uz.
3.6. The client bears the full responsibility for activity and/ or inactivity, led to disclosure, loss, theft and etc. of its registration data and other information individualizing the Client, and also for any activity and/ or inactivity of the third parties using registration data of the Client. The Executor does not bear the responsibility for the above-stated actions of the Client and/ or the third parties using his/her registration data.
3.7. The Executor makes a reserve copy of Client’s data, except Client’s e-mail messages and log-files. Thus reserve copying of Client’s data is made by the Executor in terms and the periods established by the Executor independently, if others are not stipulated in the Services connected by the Client.
3.8. While using Services the Client agrees with various services, pages of web-server mistakes, preventions, including while blocking the Account, and other adjustments of the software offered by the Executor can be made out with application of graphic and other elements of design, thus the given actions are not infringement of any rights of the Client. In some cases the Client has an opportunity to change appearance of data (in particular, some mistakes a web-server) independently.
3.9. While using Services any actions directed on reception of not authorized access to resources of a server and other means of the Executor, to personal registration and other data of other Clients, and also to any other data accessible through the Internet network are forbidden, in particular, destruction or updating of the software and/ or data, not belonging to the Client, without the agreement with the owner of such software and/ or data. Not authorized access is the action directed to reception an access to resources in the way that differs from a resource assumed by the owner as resolved.
3.10. At using Services the Client is forbidden to carry out mass dispatch of "spam", that is electronic messages of the commercial, advertising and other character, not coordinated (not requested) by the addressee of the information by e-mail and in groups of teleconferences, and also on the Internet-forums, blogs and other resources with an opportunity of the message publication, through technical resources of the Executor. Dispatch of the information with the consent of the addressee is not considered as "spam", in opportunity to refuse a subscription. Electronic messages are e-mail, ICQ and other similar means of personal information interchange messages.
3.11. Dispatch of "spam" through the resources which do not belong to the Executor is forbidden, if some coordinates (the address of a site, e-mail, etc.) are shown in message, supported by the Executor.
3.12. It is forbidden to forge the service information, to use nonexistent return addresses in headings of electronic messages, and also to forge the IP-address and/ or the addresses used in other network reports during data transmission.
3.13. The Executor enacts following restrictions on the placed information ("content"):
3.13.1. Services using should be carried out by the Client only for the lawful purposes and in lawful ways.
3.13.2. Client bears the responsibility for the maintenance of the information units created and supported by the Client. The Executor does not make a preliminary control over the maintenance of the information placed and/ or distributed by the Client, however when accommodation and distribution of such information contradicts the current legislation, the Executor has the right to block and/ or to delete a corresponding Account.
3.13.3. Accommodation and distribution of the information of offensive, obscene, erotic and pornographic character, appeals to violence, overthrow of existing authority and etc., and also use e-mail for sending messages of the specified character is forbidden. Within the limits of the present Conditions the Executor independently defines character of placed and spread information and criteria of its reference to types of the information forbidden to accommodation and distribution according to the present item.
3.13.4. It is forbidden to transfer, reproduce or distribute in any way the software or any other materials completely or partly protected by author's or other rights, without the permission of the owner.
3.13.5. It is forbidden to accommodate and to distribute any information or the software which comprises computer viruses or other components equal to them.
3.13.6. It is forbidden to accommodate so-called “dorveys” and other forms of "spam" search, and also to accommodate systems of a sites rating (“tops”), the casino, any gambling, and also any actions that are directly or indirectly guide to extraction of profit and/ or reception other blessings by a deceit, swindle or other illegal ways.
3.13.7. It is forbidden to advertise and to sell services, goods and other materials which distribution is limited or forbidden by the current legislation.
3.13.8. It is forbidden to publish or otherwise to place the information about the third parties that is directly or indirectly wounding honour and dignity or business reputation of such third parties, and also to place the personal information identifying the third parties without their consent.
3.14. It is forbidden to carry out the activity directed to transformation Executor’s resources and/ or the third parties’ with senseless or useless information, creating excessive (parasitic) loading on these resources, and also the activity directed to a conclusion out of operation or wrong functioning of the software and/ or the equipment, serving such resources.
3.15. It is forbidden to make any actions directed to scanning networks, detection vulnerable in safety of the software, choice of the password and other identifying data, detection of open ports lists, not protected sections of resources and so on without obviously expressed consent of the owner, and also use of anonymous proxies-servers while using the Service.
3.16. It is forbidden to make other actions contradicting the current legislation both breaking the rights and legitimate interests of the Executor and/ or the third parties.
3.17. The Client has not the right to use the resources offered by the Executor to activate the software which work can lead to infringement of the Executor’s hardware-software complex working capacity, and also networks, program, hardware and/ or information resources of the third parties or for reception illegal access directly or indirectly to the information of the third parties, whether thus such software used by the Client intentionally or unintentionally.
3.18. There are restrictions of technical character caused by Service features while using Services:
3.18.1. It is excluded to peak use of the processor by scripts (programs) of the Client more than 10 % from the general processor capacity. The Maximum quantity of simultaneously executed threads is 32. Restriction on using operative memory is no more than 15 %.
3.18.2. With a view of struggle against "spam" there are following restrictions on work with e-mail:
· quantity of sent letters from one mail box of the Client per hour — not more than 300;
· a maximum quantity of addressees in “TO”, “CC” and “BCC” fields — 32;
· a maximum quantity of simultaneous connections to SMTP for one Client’s mail box — 5;
· the maximal size of mail message — according to the tariff plan;
· the maximal waiting time in message turn — 4 hours.
· following restrictions are imposed on the user’s CGI-scripts:
o a maximum quantity of simultaneously executed threads — 32;
o the maximal admissible operating time of a CGI-script: not more than 15 processor seconds;
o maximal operative memory usage — 128Mb on process.
· following restrictions are imposed on the Client’s processes which are carried out from UNIX shell/cron,:
o a maximum quantity of simultaneously executed threads — 32;
o the maximal admissible operating time of a script: not more than 15 minutes;
o a maximum memory usage — 128Mb on process.
· following restrictions are imposed on PHP-scripts:
o a maximal time of execution — 30 sec;
o maximal memory usage — 128Mb.
· Restrictions on work with MySQL server:
o a maximum quantity of simultaneous connections with a server of DB MySQL—50;
o a maximum quantity of connections per hour – 100000;
o a maximum quantity of inquiries per hour – 300000.
3.19. Besides technical restrictions established in item 3.18 of the present Conditions the Executor can establish other restrictions, being standard and usual in the field of rendering similar Services and necessary for maintenance of normal functioning Executor’s hardware-software complex with a view of appropriate rendering Services according to the present Conditions.
3.20. The total volume of the incoming traffic of the Client should not exceed 1/4 from total amount of outgoing, and the foreign traffic should not exceed within Uzbek.
4. The rights and the duties of the Client
4.1. The Client undertakes:
4.1.1. To discharge the present Conditions undoubtedly and to watch changes and additions in them and Appendices to them published in Executor’s web-site (http://www.arsenal-d.uz) and other business intercourse customs a existing in the field of Services.
4.1.2. To give the truthful, exact and full information about himself/herself that are required for the registration of Account, and to keep this information in an actual condition.
4.1.3. To watch change of the Services prices stipulated by Tariffs. Changes of Services prices are published in Executor’s web-site (http://www.arsenal-d.uz).
4.1.4. If there is a disagreement in Service price changes inform Executor in written form till changes are introduced in action.
4.1.5. To make an advance payment under Tariffs for Services at a rate, not smaller than the size of the annual payment stipulated by the present Conditions for the corresponding category of Clients in view of positions of article 6 of the present Conditions.
4.1.6. To watch and to make payments on time independently in sizes and order, stipulated by the present Conditions.
4.1.7. To use Services and to place the information within the limits of Services utilization only according to requirements of the current legislation and the present Conditions, including not to place on Executor’s technical resources the software and the information forbidden to store, use and/ or distribution or limited in storage, use and/ or distribution according to legislation of Uzbekistan, other national and international legislation;
4.1.8. Not to damage Executor’s and the third parties’ program environment, technical and software, central machines.
4.1.9. To keep copyright and other rights on given by the Executor’s and/ or the third parties’ software, information and documentation. To bear the responsibility for infringement of any copy/patent and other rights independently, and also to answer the complaints redirected by the Executor about infringement of the corresponding rights in time, to compensate to the Executor losses in case of attempts of attraction or attraction Executor to the responsibility for infringement by the information of the Client of the above-stated rights by the third parties.
4.1.10. To keep confidentiality of the registration data and to take the measures directed to their protection from loss, thefts, damages and etc.
4.1.11. To make reserve copy of the data independently and periodically allowing as much as possible to avoid information loss in cases of faults in Service rendering, caused by failure and others reasons independent of the Executor.
4.1.12. To carry out in full other obligations, requirements and the restrictions stipulated by the present Conditions.
4.2. The Client defines volume of Services given him by a choice of tariff plans independently.
5. The rights and the duties of the Executor
5.1. The executor undertakes:
5.1.1. To provide rendering of Services in the volume corresponding the sum of an advance payment by the Client for Services according to the present Conditions, round the clock 7 days in a week, including weekends and holidays. At Service rendering the Executor guarantees the quality of Services corresponding standards and technical norms, established in Uzbekistan.
5.1.2. To keep account of advance payments and Service consumption by Client.
5.1.3. To publish on Executor’s site (http://www.arsenal-d.uz) changes and additions to the present Conditions, Tariffs and other documents concerning Services rendering, in time not later than 5 calendar days up to the date of introduction in action.
5.1.4. To keep confidentiality of Client’s registration data. The Executor has access to the Client’s information with a view of technical maintenance of Services, and also has the right to access to such information in cases if reception of claims from the third parties, concerning illegal and/ or nocuous, and also other actions of the Client harming to the Executor and/ or the third parties. The Executor has the right to inform the above-stated data only to competent state bodies in the cases stipulated by current legislation of Uzbekistan.
Reserve copying of Client’s data with a view of prevention of information loss is not infringement of Client’s information confidentiality.
5.2. The Executor has the right:
5.2.1. To stop offering Services for carrying out necessary scheduled preventive and repair work on Executor’s technical resources, and also off-schedule works in emergencies. The message on manufacture of the above-stated works entailing stay in rendering of Services, is published by the Executor on the web-site with the instruction of presumable duration of such works (excepting emergencies when the information on stay is published in rendering Services by the Executor as far as possible).
5.2.2. To break off rendering of Services if it is caused, in particular, but, not being limited underwritten, impossibility of use of the information-transport channels, not being own resources of the Executor, or activity and/ or inactivity of the third parties if it directly influences rendering of Services within the limits of the given Conditions, including an emergency. Thus the Executor also has the right to remove temporarily delegation of a site of the Client from own resources in case of realization on a site of the Client the DDoS-attack inevitably creating excessive loading on resources of the Executor that entails impossibility of Services utilization of the Executor other Clients.
The Executor does not bear the responsibility before the Client and does not compensate to the Client the losses which have arisen or able to arise in connection with delays, faults in work and impossibility of high-grade use of resources and the Services of the Executor which has arisen for above-stated reasons.
5.2.3. To make unilaterally changes and additions to the present Conditions and Tariffs by the publication of these changes and additions on Executer’s site (http://www.arsenal-d.uz).
5.2.4. To stop Service rendering or to cancel registration of the Account and/ or the domain and to give up in the further in rendering and using Services in case of giving the incorrect information or not realization to its actualization while changing data by the Client, and also in case of untimely representation of confirming documents or if the Executor has doubts that the information given by the Client is true, full or exact, and also to carry out in without acceptance charge-off the rest of money resources of the Client in cases and the order, stipulated by the present Conditions.
5.2.5. To stop Service rendering in case of infringement the present Conditions, and also current legislations by the Client.
5.2.6. To block and/ or delete the Account in cases and the order, stipulated by the present Conditions.
5.2.7. To stop, to block or to forbid usage of the software of the Client within the limits of rendering and using Services in case if operation of such software lead or can lead to emergencies, infringement of Executor’s safety system, and infringement of the present Conditions or legislations.
6. Price of Services and the order of payments
6.1. Price of Services is defined according to the Tariffs, being an integral part of the present Conditions. Tariffs are placed by the Executor on a site (http://www.arsenal-d.uz).
6.2. The total price of Services is defined as total volume of the money resources which have been charged off for Services rendered to the Client according to Tariffs, acting on the moment of Services rendering.
6.3. Services are paid by the Client on conditions of an advance payment, on the settlement account of the Executor according to item 4.1.5.
6.4. Under condition of observance item 6.3 of the present Conditions by the Client, a date of starting Services rendering by the Executor is a date of connection of corresponding Services by the Client in the Account Control panel only at realization of an advance payment from date of receipt of money resources on the Executor’s settlement account at simultaneous observance of following conditions:
· The Executor has the right to charge-off the rest of money resources in case of removal of the Account at the rate and the order, stipulated by the present Conditions.
· In case if the Client in the term stipulated by the present Conditions has not notified the Executor on the disagreement with new Tariffs in written form, the Client is considered to be agree with change of Tariffs, and charge-off money resources for rendered Services will be carried out by the Executor under new Tariffs.
· Issuance of certificates and invoices on rendered Services is carried out at Executor’s office thus the Client undertakes to return to the Executor 1 copy of the certificate signed by the Client by mail or by other way at his own expense, allowing to confirm reception of documents by the Executor. In case of non receipt by the Executor of the signed certificate within 14 (fourteen) calendar days from the moment of issuance by the Executor to the Client of corresponding documents of Service are considered rendered properly on the basis of the certificate signed by the Executor unilaterally.
· All bank or other commission payments for Service payment are made by the Client independently.
7. The responsibility of the parties
7.1. On all questions, not settled by present Conditions, and also at the resolution of disputes, arisen during their execution, parties are guided by current legislation of Uzbekistan. In case of impossibility of the sanction of dispute in pre-judicial order by the parties, it is a subject to the sanction in corresponding court of Tashkent acording to current legislation of Uzbekistan.
7.2. The Client bears full the responsibility for safety of the password and other registration data, also as well as for losses, which can arise at the Clients own and/ or the third parties owing to not authorized use (divulgence, loss, theft, etc.) of such registration data.
The Client bears the responsibility for any wrongful activity and/ or inactivity of the Client and/ or the persons using its registration data, entailed causing of any harm to the Executor, including loss of business reputation, and compensates to the Executor losses. The Executor also does not bear the responsibility for the actions of the third parties which have entailed damage for the Client.
7.3. The Executor does not bear the responsibility for the maintenance of the information placed by the Client and the information created and supported by the Client or its users, and does not make any preliminary check and censorship.
The Client bears the responsibility for any activity and/ or inactivity, both deliberate, and unintentional, and is equal for any activity and/ or inactivity of the persons using its registration data, connected with accommodation and/ or distribution of the information to the Internet network, and also reception by using Executor’s resources of access to resources of the third parties.
7.4. The client independently bears the responsibility for deliberate and/ or unintentional activity and/ or inactivity of the Client and/ or the persons using its registration data, entailed infringement of any national legislation of other countries and/ or the international legislation, and also for any damage, causal the above-stated activity and/ or inactivity to the Executor, the third parties, and also for consequences of such activity and/ or inactivity.
7.5. The Executor does not suffer the responsibility for the direct and/ or indirect damage, caused to the Client, and also does not compensate to the Client losses (including the missed benefit), suffered by the Client as a result of use or non-use of Executor’s resources and Services, and also for the losses suffered as a result of misses, breaks in work or delays in data transmission, mistakes, defects, files removals, changes of functions and other reasons.
7.6. The Executor does not bear the responsibility for quality of the general using channels, a policy of the traffic exchange between providers, normal functioning of the Internet network, its parts or for quality of the communication lines which are not Executor’s own resources, and for their availability to the Client, and also does not bear the responsibility for change of properties, functions and quality of the Services, given to the Client if those changes are connected with functioning the Internet network or with other circumstances which are outside the zone of the competence, influence and the control of the Executor.
In case if work of the remote network has led to entering its address (es) into the block-sheets, used for prevention of "spam" on which the post server of the Executor does not make a reception of mail, the Executor also does not bear the responsibility for impossibility of Client’s mail acceptance from such network.
7.7. The Executor observes the technical quality standards of Services and undertakes all the reasonable efforts preventing or stopping attempts of not authorized access to the Executor’s and the Client’s resources, failures and malfunctions in the Executor’s equipment, penetration of nocuous components, etc. At occurrence of an emergency or extreme situation the Executor takes all measures depending on it for the prompt normalization of a situation. Thus the Executor under specificity of the equipment and the software of Service does not guarantee an absolute constant absolute faultlessness and uninterrupted operation of work of all system and Services, and also does not guarantee a faultlessness, uninterrupted operation and absolute safety of functioning of the software let out by any third parties and/ or other materials used for rendering of Services.
7.8. The Client bears all the risks connected with the Internet network usage through resources and/ or Services of the Executor, including for an estimation of utility, completeness, accuracy of any information, the Executor does not bear the responsibility for quality, legitimacy, suitability for a specific goal of any goods, works, the services required and/ or received by use of the Internet network, including in case of their accommodation on the Executor’s server (excepting the Services given by the Executor).
7.9. The Executor does not bear the responsibility for quality, harmlessness and a faultlessness of the software (further — quality of the software), offered to the Client on Executor’s servers and/ or other servers of the Internet network, except of a case when the software is developed by the Executor.
If the Executor renders the Client service on software support developed by the third parties (for example, MySQL, Apache, etc.), the Executor bears the responsibility before the Client only for correctness of functioning of the given software within the limits of “Plesk” system, but not for quality of the software.
The Executor is not the developer of the interface for reading mail which is given to the Client as a web-interface, therefore the responsibility for its normal functioning does not bear. For work with mail the Executor recommends to use specialized programs — post clients.
7.10. The Client independently bears the responsibility for duly and appropriate prolongation of domain name registration and for possible consequences of untimely and/ or inadequate prolongation and with the present confirms absence of claims to the Executor, concerning above-stated activity and/ or inactivity of the Client, and also their consequences.
7.11. The Client independently bears the responsibility for any activity and/ or the inactivity, accomplished with use of a Executor’s domain name, and also other technical requisites caused by given Services, in particular, of the IP-address, names of servers, etc., and also bears the responsibility before the Executor for the losses, caused to the Executor by such activity and/ or inactivity of the Client, creating at the third parties visibility of an accessory of the Executor to the Client’s such activity and/ or inactivity.
7.12. The Executor bears the responsibility before the Client only within the limits of paid, but not rendered Services. The Executor does not bear before the Client of the financial responsibility and does not return the money resources to the Client paid within the limits of given Conditions, in case if Services have not been rendered on fault of the Client.
7.13. In case if appropriate execution by the parties of the present Conditions is impossible because of the objective reasons, which parties could not neither expect, nor prevent (acts of nature, changes of current legislation of Uzbekistan. actions of bodies of the government and management, military actions of all kinds and etc.) any of the parties have not the right to demand from other party of compensation caused by inadequate execution or default losses of the present Conditions (including the missed benefit).
8. Blocking and removal of the Account
8.1. The executor has the right to block and/ or to remove the Account in cases, the order and on the conditions stipulated by the present Conditions.
8.2. Account blocking means provisional impossibility of Service using by the Client at an opportunity of access (with the limited opportunity) by the Client to the Control panel of the Account. Account blocking is made by the Executor till the moment of elimination of the infringements by the Client led to the blocking of the Account if other is not stipulated by the present Conditions. Simultaneously with blocking the Account the notice on infringement of Conditions and necessities of elimination of the infringements admitted by the Client can be sent to contact e-mail of the Client and to the Control panel of the Account.
8.3. Account removal means impossibility of the Client access to the Control panel of the Account and impossibility of Services using within the limits of a corresponding Account.
8.4. At blocking or removal of the Account there is a termination of Client’s access to the virtual web-server, with a simultaneous conclusion of the corresponding prevention issued with application of graphic and other elements of hosting design according to the present Conditions.
8.5. The Executor has the right to block the Account in following cases:
8.5.1. At infringement of the present Conditions by the Client;
8.5.2. In case, when the rest of the proceed money resources on the Executor’s settlement account is less than total price of the Services connected by the Client at present — till the moment of payment by the Client with observance of conditions about the size of minimal one-shot payment stipulated by the present Conditions.
8.5.3. At introduction of incorrect data by the Client, not insertion the data required at registration of the Account, untimely actualization of Client’s data.
8.5.4. At not presenting confirming documents, thus inactivity of the Client within 3 (three) calendar days from the moment the Executor directed corresponding inquiry and/ or the requirement is equated to the above-stated actions.
8.5.5. In case of reception by the Executor of the complaint/requirement from the third parties and/ or the requirement from competent bodies, concerning actions and/ or inactivity of the Client, including in occasion of infringement of copyrights, dispatch of "spam" and other infringements of the present Conditions or requirements of current legislation of Uzbekistan — till the moment of elimination of the admitted infringements or removal of the Account.
8.6. The Executor has the right to remove the Account in following cases:
8.6.1. At own will of the Client or at unilateral refusal of the Client to fulfil the present Conditions;
8.6.2. In case of blocking the Account more than three times;
8.6.3. At rough infringement of the present Conditions by the Client or at refusal of the Client to eliminate the admitted infringements or at not elimination of infringements by the Client within 3 (three) calendar days from the moment of a direction of the requirement about elimination of such infringements by the Executor;
8.6.4. In case if the Client within 30 (thirty) calendar days from the moment of zeroing money resources proceed from the Client, will not make necessary payments on the Executor’s settlement account at a rate and the order stipulated by the present Conditions;
8.6.5. In case if within 12 (twelve) months from the moment of Account registration the Client does not use Service;
8.6.6. In case if from the moment of Services last usage by Client within the limits of the Account has passed more than 6 (six) months;
8.6.7. In case of detection by the Executor independently or under complaints/inquiries/requirements of the third parties of infringements of items 3.17, 3.18, Conditions with simultaneous cancellation of registration of a corresponding domain name (names) at infringement of item 3.17 of Conditions.
8.7. Simultaneously with the removal of the Account according to the present Conditions the Executor charges-off the rest of money resources in without acceptance in corpora as compensation to the Executor for additionally suffered charges connected with removal of the Account, and other accompanying charges.
8.8. In case of obvious, from the point of Executor’s view, infringement of legislation of Uzbekistan by the Client, rendering him Services can be suspended, and the Account can be blocked and/ or removed without the preliminary prevention from the Executor, thus the rest of money resources will not come back to the Client and it is considered to be a compensation to the Executor of the suffered charges according to item 8.7 of the present Conditions.
9. Technical support
9.1. With a view of rendering and using Services the Executor provides functioning Service of technical support (further under the text - STS) by the way, stipulated in the present Conditions.
STP carries out management and control over the work of the technical equipment and system software, and also makes processing inquiries of the Client on changes in configuration files if such changes are supposed and cannot be made by the Client independently, and also inquiries on elimination of the problems connected with functioning of rendering Services.
Being treated in STS the Client understands, that should possess minimally necessary volume of knowledge and skills for dialogue with technical experts. Being treated in STS Client should collect information on the reasons of a mistake beforehand, precisely and clearly explain an essence of a problem and circumstance of its occurrence.
9.2. STS does not consult Clients on a problems concerning programming, a web-design, installations, adjustments of scripts and programs of the Client or their optimization, and also training to the beginnings of computer literacy, creation and/ or promotion of sites, work of the services given by the third parties, search, and also on other similar questions.
Such kind of consultations can be given to the Client under the additional agreement for an additional payment.
9.3. Treatment in STS is carried out by the Client through the Control panel of the Account with a view of identification of the Client as owner of a site by authorization at an entrance in the Control panel of the Account.
In case of impossibility of an entrance into the Account the Client can address to STS by filling the special form located on Executor’s site.
The inquiries sent by any other way (in particular, by means of telecommunication and/ or e-mail and/ or a other way which differs from the treatment through the Account Control panel) are not official and do not entail a duty of the Executor under the answer and/ or fulfillment of any actions on them. The Executor has the right to make a decision on an opportunity or impossibility to answer the questions independently set by means of telecommunication and/ or e-mail and/ or other way, different from the treatment through the Account Control panel.
In case of treatment to STS by phone, employee of STS can demand to send inquiry through the Control panel of the Account for authorization. STS employee also has the right to record telephone or other treatment of the Client in a database with an opportunity of its viewing contained by the Client. Thus answers to the applications of the Client received by means of telecommunication are carried out by the Executor only on the working days in working hours.
9.4. Processing of inquiries is carried out by the Executor in process of their receipt. Time of answer of STS for inquiry of the Client depends on quantity proceed in STS inquiries, and whenever it is possible the Executor answers inquiries in reasonable term no more than 48 hours, however, if necessary time of the answer for a question can be increased by the Executor.
9.5. Inquiries, containing the following are not accepted to be considered and processed in STS:
· the information made in other languages, except Uzbek and Russian languages;
· obscene expressions, roughness, insults, rudeness and other expressions contradicting widespread rules and customs of business dialogue;
· the questions not concerning Services (to hosting working capacity and domains registration) and/ or not concerning technical features of Services;
· the questions formulated not clearly, indistinctly or other similar way in this connection the meaning of a question becomes not clear;
· requirements on adjustment or installation, completions of scripts etc.
Inquiries are not accepted to consideration and processing, and also fulfillment of the application accepted to consideration can be given up owing to stay of rendering of Services on the bases stipulated by the present Conditions.
9.6. In case if the standard inquiry or inquiry, which already had been answered on Executor’s site in section “Questions and answers” is sent to STS, the answer to inquiry can be given in the form of the reference to corresponding page of the Executor’s a site, containing section “Questions and answers”.
In case if the inquiry, the answer on which can be found on other sites of the Internet network, is sent to STS, the answer to inquiry can be given in the form of the reference to a corresponding site.
10. Other conditions
10.1. The written applications of the Client stipulated by the present Conditions, should contain all the data of the Account, and also if necessary other data allowing the Executor to identify the Client.
10.2. The parties admit a validity of notices and the messages directed by the Executor to the Client on specified by him personal data of the Account of an e-mail address. Such notices and messages are equated to messages and the notices made in simple written form, the directed to the Client’s mail by Executor. In case of occurrence of any disagreements on the facts of sending, reception of messages, time of their direction and the maintenance, parties have agreed to consider certificates of Executor’s technical means to be authentic and final for the sanction of disagreements between the specified persons.
10.3. The parties admit, that Client’s notices and messages to the Executor, except cases of the treatments to STS according to article 9 of the present Conditions, are considered to be accomplished properly only at their drawing up in written form with the instruction of all necessary data for Account and the Client identification, and their direction by mail as the certified mail.
10.4. The executor undertakes not to transfer and not to do accessible the data on the Client to the third parties, given by the last while registration of the Account, except offering such data to the state bodies and/ or other bodies and the organizations by their inquiries, and also other third parties at reception from them inquiries/complaints/claims concerning infringement by the Client of their rights and/ or current legislation of Uzbekistan.
10.5. The parties undertake not to divulge, not to transfer and not to do accessible the confidential information to the third parties containing in documents, concerning to the present Conditions and other documents concerning to them, without the written sanction of other party, thus the fact of fulfillment of the acceptance and a subject of the present Conditions are not considered as a data, which parties have accepted to consider confidential.
The positions stipulated by the previous paragraph of the present item, are not spread on cases when the requirement about offering such data is shown by following persons:
· governmental bodies, others state bodies, institutions of local government with a view of fulfillment of their functions according to current legislation of RUz;
10.6. The executor has the right if necessary to involve third parties for rendering Services having corresponding licenses and/ or the sanctions.
10.7. The name and numbering of clauses of the present Conditions are resulted for convenience of reading and have no value at interpretation of the present Conditions.
10.8. In case if any from positions of the present Conditions will appear not a subject literal fulfillment, it is interpreted according to current legislation of Uzbekistan in view of initial interests of the parties, thus remained part of Conditions continues to operate at full capacity.
10.9. The present Conditions are made according to the Civil code of the Republic of Uzbekistan and other statutory acts of Uzbekistan operating in the field of rendering of Services.
11. The address and requisites of the Executor
