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Client –You are a natural or legal person;
Afacerver - AFACERVER LLC, register code 11595976, address: Kooli 4-21
Rummu alevik, Vasalemma vald, Harjumaa, 76102, Estonia;
Party - client or AFACERVER;
Parties - client and AFACERVER together;
Physical server - dedicated for the provision of services to the client and including hardware and software, to which the client has access using the authorization codes provided by AFACERVER;
Virtual server - administered by the client through the administration panel of the physical server, using which the client can present the html-applications belonging to him and use php or cgi or perl scripts to present the applications belonging to him. The concept of a virtual server also includes a limited resource of a physical server allocated by AFACERVER to the client for receiving and sending e-mail;
Service - a virtual server registered for the client according to the package selected by the client, provided for the client's administration for the client's use by AFACERVER. For more information on the AFACERVER service (and other services), see the AFACERVER website http://www.afacerver.ee, http://www.afacerver.fi;
Agreement - an agreement concluded between the client and AFACERVER on the provision of services on these terms;
The client and AFACERVER hereby agree to provide the client with the service on the terms specified in this agreement.
The purpose of the contract is to regulate the legal relationship between the client and afacerver, which is the basis and arises in connection with the provision of services to the client.
The Client confirms that:
a) the data provided by him at the conclusion of the contract to the company afacerver is correct and at the time of the conclusion of the contract he is legally capable (natural person including an adult). if the client enters into an agreement through a representative, the client and his representative assure that the representative is legally capable and has the authority to conclude this agreement;
b) before entering into the contract, he / she has read the description of the desired service and the terms of the contract, incl. with the price, and realizes that the offered price is valid until it changes;
c) the conclusion of the contract does not violate the obligations imposed on him by a legal or administrative act, a court decision, as well as obligations arising from relations with third parties.
Afacerver certifies that:
a) has the means and skills to provide the client with the services provided for in the contract;
b) the conclusion of the contract does not violate the obligations imposed on him by a legal or administrative act, a court decision, as well as obligations arising from relations with third parties.
The agreement is considered concluded when the client has filled out the registration form on the homepage of afacerver, clicked on the "order" button (ie, sent the offer to afacerver) and received an acceptance from afacerver in the form of a corresponding message sent to the client containing the necessary for use service authorization codes.
The contract comes into force from the moment of its conclusion.
Afacerver gives an answer to the client's proposal (the estimated time of entry into force) without undue delay, and no later than 5 working days when registering in the virtual server of other domains, counting from the moment the client pays the proper prepayment for the registration of the chosen domain client.
If a client wants to bind a domain name previously registered in his name to a virtual server, afacerver may require additional time for preparatory work to give a response to the client, which is reported to the client.
Afacerver has the right to reject the client's offer by notifying the client about it. afacerver reserves the right to refuse to conclude a contract in cases where the client has a debt to afacerver or third parties, violates / violated the terms of services offered by afacerver or third parties and the good customs of the Internet, or for another reason that is significant for afacerver.
The client has the right to withdraw from the contract within 3 calendar days from the date of conclusion of the contract.
In order to withdraw from the contract, the client shall send a corresponding statement to Afacerver in a form that can be reproduced in writing.
Afacerver provides the client with a service in accordance with the contract concluded by the parties. afacerver has the right to change the service (including the software solutions used in the provision of the service), notifying the client about this no later than 7 calendar days. in urgent cases (identification of security problems, etc.) afacerver has the right to make changes without prior notice to the client. if the changed service does not satisfy the client, he has the right to terminate the contract by notifying afacerver about it in the manner provided for in the contract.
The client is aware that due to the nature of the service and the nature of the services that are a prerequisite for the provision of the service, afacerver cannot guarantee the availability of the service at any given time. afacerver makes every reasonable effort to ensure that the service is always available to the client as much as possible.
The client authorizes afacerver, upon submission of an offer to conclude a contract, to register the desired domain name in the name of the client.
As an attorney, Аfacerver registers the domain desired by the client in the name of the client, if this domain is not registered to a third party. if the registration of the domain name desired by the client in the name of the client is not possible, the contract is not concluded and afacerver loses the right to represent the client in the registration of the domain name.
If the registration of the domain desired by the client is paid, the client pays for the registration of the domain name on the basis of the invoice issued by afacerver by the specified date. when invoicing for domain registration, afacerver undertakes to conclude an agreement with the client (give consent) after the domain registration, according to the client's proposal, except for cases of significant change in the circumstances that are the basis for concluding the agreement, in the period between the invoice and the domain registration.
The above provisions of this article do not apply if the customer already has a registered domain name. in such case, afacerver is authorized to represent the client in relations with the domain name distributor to the extent necessary to provide the service.
The Client undertakes to ensure that his domain name does not contradict applicable legal acts or good practices and does not violate the rights of third parties, incl. intellectual property rights. the client confirms that he has read and undertakes to comply with the conditions for registering domain names established by the distributor of domain names. the client also undertakes to ensure that his domain name does not resemble the domain name owned by afacerver (afacerver.ru, afacerver.com, afacerver.ee), that is, does not contain the word "afacerver" in the name in whole or in a split form.
The client understands that when registering a domain name, rights and obligations associated with the registration of a domain name arise between the client and a third party - the distributor of domain names. this agreement does not regulate the client's rights to a domain name, afacerver does not allocate domain names and cannot guarantee the preservation of the client's rights to a domain name. afacerver's liability when registering a domain name is limited to its representation as a client attorney.
Within the framework of the service, the client has the right to use a virtual server to publicly place his applications and materials, create and use e-mail addresses and receive / send electronic messages, as well as in any other targeted way according to the description of the service.
The client is responsible for the maintenance of the virtual server administered by him and has the rights and obligations arising from this agreement to administer the virtual server allocated to him. afacerver does not guarantee that during the use of the service, the client is not able to come into conflict with the applicable legal acts and the rights of third parties.
The client is obliged to immediately inform afacerver about any problems that have arisen during the use of the service.
When using the service, the client receives support by e-mail email@example.com
The client makes copies of the files stored on the virtual server, if necessary. afacerver does not guarantee the safety of files located on the virtual server.
The client undertakes not to use software, scripts, programs or other applications on his virtual server that overload, interfere with or harm the purposeful operation of the physical server, and to eliminate them within 12 hours after receiving a corresponding warning from afacerver.
The client shall indemnify for damage caused by damage to the physical server through the software or application used by the client or by other illegal obstruction of afacerver's activities, if afacerver warned him in advance about such actions. if the client's actions to damage the physical server are deliberate, he is liable regardless of warning from afacerver.
The client guarantees that his activities (including the material posted on the website) when using the service will not conflict with the current legal acts. this obligation includes the prohibition on the newsletter of the so-called. spam (mass mailings).
Customer agrees not to use e-mail programs or applications in the virtual server that allow Internet users to send spam and emails of a threatening, offensive or deceptive nature. The client undertakes not to use or run in the virtual server non-debugged, resource-intensive programs that can adversely affect the performance of the virtual server as a whole, the spread of viruses, and the like.
The client undertakes not to place in the virtual server sites that violate the laws of Finland, the Republic of Estonia, the Russian Federation, the USA and countries in which the servers are physically located.
The client undertakes not to post on the virtual server sites containing scenes of violence.
The client undertakes not to place in the virtual server sites that distribute pirated software, serial numbers for programs, program protection crackers (cracks) or otherwise violate the copyright of the creators of programs, audio and video recordings and other objects of copyright, as well as domains that link to sites or materials of this content. this applies, for example, to sites such as satellites, doorway trackers and others.
The client undertakes not to place in the virtual server sites that distribute pornographic content, prostitution (pictures, texts, mailings, links, advertisements for the provision of intimate services and any other materials aimed at an adult audience, that is, pornography and child pornography, as well as domains linking to sites or materials of this content.
The client undertakes not to place programs in the virtual server that can be used for unauthorized access (in particular, irc).
The client undertakes not to place proxy sites in the virtual server, sites linking to them, or to turn the virtual server into a proxy.
The client undertakes not to place in the hyip virtual server sites, investment pyramids, financial frauds, sites about making money on the Internet, as well as sites indirectly related to sites of these topics.
The client undertakes not to post materials on the virtual server and not to provide services that contradict laws and other legal acts and good practices, as well as the rights of third parties in force in Finland, the Republic of Estonia, the Russian Federation, the USA and countries in which the servers are physically located.
The client undertakes not to post on the virtual server sites and materials about politics or religion.
The client undertakes to keep confidential the authorization codes received from afacerver for the purpose of administering the virtual server.
If, as a result of unlawful activity of the client (including failure to fulfill an obligation to a third party), claims of third parties are directed to afacerver, the client shall compensate for the damage incurred by afacerver.
If the client provides the use of the service to third parties, the client is responsible for their actions to afacerver.
afacerver is responsible for the work of the physical server and software used to provide the service and has the rights and obligations arising from this contract to provide the service.
afacerver undertakes to provide the client with the most stable possible service, including the greatest possible reliability of the physical server (under reasonable circumstances).
afacerver fixes the violations in the physical server no later than 3 calendar days from the date of the violation.
afacerver does not disclose client authorization codes to third parties.
afacerver has the right to ensure that the client does not violate the applicable legal acts and the contract during the use of the service, including the use of non-target applications that overload the physical server and does not post on its website materials that contradict the law or good practices or violate the rights of third parties.
afacerver has the right to eliminate 12 hours after sending the corresponding warning, in the absence of a response from the client to the latter, the software used by the client, scripts or other applications that cause disruption and overload of the physical server and interfere with the provision of the afacerver service.
afacerver has the right to make binding orders for the client to stop illegal activities to use the service or to remove from the virtual server contrary to good practices or illegal materials, as well as remove such materials, if necessary, until the service is suspended or the contract is terminated.
afacerver has the right to suspend the provision of the service to the client properly and without prior warning if the software, scripts or other applications used by the client caused the physical server to overload the software and hardware equipment, or if the client has violated this agreement.
afacerver is not responsible for damage arising from:
a) the activities of third parties;
b) violation of communication lines outside the control of afacerver (including those belonging to a digital communication provider);
c) power failures beyond afacerver's control;
d) the client's activities related to the administration of the virtual server, incl. the content of materials stored and placed on the client's virtual server or the content of electronic messages sent during the use of the service from the addresses belonging to the client;
e) problems with software not created by afacerver (including used by the client);
f) the spread of viruses;
g) inadequacy of the service to the client's needs;
Unless such liability is imposed on afacerver by law, and the damage is caused intentionally.
The client pays afacerver for the provision of the service a set fee. afacerver has the right to unilaterally change the fee charged for the service, notifying the client about this no later than 30 days in advance. from the time indicated in the message to afacerver, a new price is payable for the service.
If the client does not agree with the change in the cost of the afacerver service, he has the right to terminate the contract in the manner prescribed by the contract.
afacerver issues invoices to the client for the service within the agreed time frame. the invoice is issued regardless of whether the customer actually used the service.
The client undertakes to immediately notify afacerver if the invoice issued for the service has not reached the client by the 5th day of the invoice month or if the invoice has not been drawn up correctly.
The client pays the invoices presented for the service within 8 calendar days from the date of their receipt.
afacerver has the right to immediately suspend the provision of the service if the client has delayed the stipulated payment date for the invoice by more than 1 day.
The service is paid in the form of an advance payment. upon termination of the contract, the client has the right to a refund in the part for which the advance payment paid for the service exceeds the term of termination of the contract.
Messages from the client and afacerver related to this agreement must be transmitted in a form that can be reproduced in writing (including by mail, fax and e-mail), unless the message is of a general information nature and does not affect the rights and responsibilities of the parties.
The parties are obliged to keep commercial and other secrets of the other party if they come to the disposal of the party during the provision of the service, unless the obligation to report information is provided for by law.
The above provision remains in effect even after the termination of the contract.
When concluding an agreement, the contact details of the parties are considered to be the data transferred during the conclusion of the agreement to the other party.
The Party undertakes to immediately inform each other about the change of its name, address of location / place of residence in a form that can be reproduced in writing.
The contract is concluded for an unlimited period. the minimum term requirement does not apply to the contract.
afacerver has the right to change the terms of the contract unilaterally, depending on changes in legal acts, judicial practice, orders of the administrative body, as well as upon revealing other significant circumstances related to the provision of the service. afacerver publishes new terms on its home page http://www.afacerver.ru, http://www.afacerver.ee, http://www.afacerver.com, http://www.afacerver.fi not less than 30 days before using them. the client has the right, in case of disagreement with the new conditions, to terminate the contract.
A party has the right to terminate the contract without giving notice of the reasons by notifying the other party in advance in a form that can be reproduced in writing.
In case of termination of the contract on the initiative of the client, the contract is considered terminated from the moment when the client sent a message to afacerver, in which the client asks to stop providing him with the service.
In case of termination of the contract on the initiative of afacerver (when there are no compelling reasons, the responsibility for which lies with the client), the period of preliminary notice is 30 days.
A party may terminate the contract without applying the notice period in the event of a breach of the contract by the other party.
If the client loses the right to the domain associated with the virtual server, the contract is terminated.
Estonian law applies to the interpretation and application of the agreement.
The parties shall resolve the arising disputes through negotiations. if an agreement is not reached, the disputes are resolved in the Tallinn court.
The limitation period for claims under the contract is one year.