Appendix — On the Content and Security
- The «Content» means the basic terms and concepts listed in part 4 of the Civil Code of the Russian Federation.
- Information is transmitted online on the Contractor’s technical resources or is placed on one of the web servers, ftp servers, in mailing lists and data libraries, accordingly the Contractor has no technical ability to filter, and does not aim at filtering, information flows in advance. Moreover, the fact that the Contractor welcomes free expression of views and exchange of opinions prevents any preliminary review of information with respect to its possible offensive nature or contradiction to current legislation of the Russian Federation.
- In no way does the Contractor undertake to filter, edit or otherwise monitor the content transmitted. In the event a message is received stating a damage, insult or violation of current legislation of the Russian Federation, the Contractor reserves the right to consider every particular case and independently make a decision to remove such content or demand that it be removed from the Contractor’s technical resources. The Contractor shall not be responsible for making or for not making decisions to stop such activities.
- The content in general is protected by current legislation of the Russian Federation, including the Civil Code of the Russian Federation, the Law of the Russian Federation on Copyright and Related Rights, the Law of the Russian Federation on Legal Protection of Computer Programs and Databases, other statutes and regulations, as well as international conventions and other legislative regulations on intellectual property rights to a collective work product.
- The Subscriber shall have the right to place on the Contractor’s technical resources information and software, as well as otherwise place on the Contractor’s technical resources and transmit with the help of the resources content which has no signs of a copyright or other rights of ownership, as well as content distribution of which on the Contractor’s technical resources was unambiguously permitted by the rights holder of any kind, such as the owner of a trademark or other intellectual property rights, without any restrictions or reservations. Any content placed with the consent of the copyright holder, except when the Subscriber is the copyright holder, shall contain a reference with the following indication: «Placed with the consent of the copyright holder (specify the copyright holder’s name)». Unauthorized placement of content to a certain extent violating rights of third parties shall be considered violation of the Agreement and the Schedules thereto and among other things may result in the relevant actions in respect of the Subscriber taken by the copyright holder. The Subscriber (and not the Contractor or its subdivisions) shall be fully liable for consequences of infringement of a copyright or related rights consisting in such placement or transmission of content.
- Placing content in any «Publicly Accessible Place» («publicly accessible places» mean areas of the Contractor’s technical resources generally accessible to other Subscribers and third parties, such as: web servers, ftp servers, mailing lists and writable files) the Subscriber automatically warrants that the holder of any legal or moral rights to the content gave full and unambiguous permission to publish the content on the Internet, and in particular on the Contractor’s resources, and granted to the Subscriber the absolute rights to transfer free of charge to the Contractor and third parties receiving access to the content by means of the Contractor’s technical resources the rights (including moral rights) to permanently, unconditionally and non-exclusively use, as well as copy, change, adapt, translate or use otherwise, as well as publish and distribute, the content as a whole or separate parts of the content all over the world, as well as the rights to use the content in other works in any form or as part of a technology which has existed by the time of the use of the content or may be developed in the future. The Subscriber hereby agrees with the right of any Subscriber to receive access to the content, view, store and copy it to meet their own needs. In view of the above, the holder of a copyright in content placed on the Contractor’s technical resources reserves all their rights specified in the above content.
The Subscriber shall have no right to use the Contractor’s services in order to:
- place pornographic or lascivious information, including about children. Provided that, the Contractor shall independently determine on the basis of its own opinion whether an image is erotic or pornographic;
- place any materials containing viruses or other computer codes, malicious programs or files, as well as serial numbers for commercial software products and programs to generate them, logins, passwords and other means designed to acquire unauthorized access to paid Internet resources, or to post links to the above information;
- place mass services, including (without limitation) public mail services, redirect services, etc. The Contractor reserves the right to deny services in the event it detects such kind of services;
- start up any software relating to IRC;
- install scripts which are Trojan gates (Pinch, A311 and the like);
- place any kind of a proxy, as well as torrent clients, servers and trackers;
- use the Contractor’s servers and transit ones or for other illegal purposes;
- distribute promotional information not specially permitted or spam, including spamdexing.
- On the basis of available information the Contractor shall independently determine whether a Subscriber’s website violates rights of third parties or various Services Regulations and Rules.
- The Subscriber shall make sure the software they use is secure and up-to-date, in a timely manner update its versions or change the configuration in accordance with instructions and requirements published by the developers and/or Internet security services.
- The Subscriber shall not allow and shall prevent unauthorized access to the software and hardware they use and shall not allow the use of provided network resources to try to acquire unauthorized access to Internet servers or services.
- Should mail services be used in the course of work, the software being used shall ensure the inability to receive mail from nonexistent e-mail addresses and receive/forward messages to e-mail addresses which do not belong to the Subscriber’s network (domain) (open relay shall be disabled).
- In order to check whether the security requirements are met, the Contractor reserves the right to periodically scan Subscriber’s services and servers.
- In the event the above conditions are not met or results of a scanning check are unsatisfactory, the Contractor reserves the right to completely or partially suspend or terminate provision of the services to the Subscriber in accordance with the procedure provided for by the Subscriber Agreement.