ANNEX 1
to the uKit Sublicense Agreement
DOMAIN NAME POLICY
This Domain Name Policy shall apply to legal relations between the Licensee and Sublicensee arising in connection with the registration and use of domain names through the Service.
This Domain Name Policy is an integral part of the uKit Sublicense Agreement and shall be applied from the moment the Agreement is accepted by the Sublicensee.
TERMS AND DEFINITIONS
Domain Name is a combination of letters and numbers used for identification of a Personal website on the Internet, independently chosen by the Domain Name Administrator. In accordance with this Domain Name Policy, the term Domain Name includes both Technical Domain Names and External Domain Names.
Technical Domain Name is the domain name of the third level, inextricably linked to a Personal website created by a Sublicensee. The Technical Domain Name shall be provided by the Service at the moment when the Personal website is created.
External Domain Name is a domain name provided by the Registrar at a charge, used by a Sublicensee under the terms and conditions set forth in the Registrar's rules and the domain extension of a particular External Domain Name.
Registrar is a legal entity providing registration services for External Domain Names and ensuring the transfer of the necessary information about the External Domain Name and its Administrator to the Registry.
Registry is a centralized set of databases of top-level domains containing information on registered Domain Names.
Application is an application of the Sublicensee to the Licensee in the prescribed form containing all the necessary information for the purpose of the External Domain Name registration (renewal) or change of the Administrator's data specified in the Registry for the External Domain Name.
Domain Name Administrator is the person assigned to the registered domain name. The Domain Name Administrator shall determine the procedure for the domain name use; shall be responsible for the choice of the domain name, including liability for possible violations of the rights of third parties associated with the choice and use of the domain name, and shall bear the risk of losses associated with such violations.
Dashboard is a hardware and software package designed for registration and accounting of the Licensee's clients, accounting of the volume and range of provided services and calculation of their cost, accounting of the amounts of payments, controlling the payment for services and generating information used for billing.
Services are the actions of registration and renewal of External Domain Names carried out by the Licensee on behalf of and at the expense of the Sublicensee.
All of the other definitions within the text of this Policy shall be construed by the Parties according to the uKit Sublicense Agreement, the laws of the Russian Federation, and generally accepted construction rules of corresponding terms as it is established on the Internet.
1. GENERAL PROVISIONS
1.1. The Licensee shall provide the Sublicensee with the Technical Domain Name for the Personal website created by the Sublicensee subject to the availability of the Technical Domain Name chosen by the Sublicensee, as well as the Services provided to the Sublicensee in accordance with this Domain Name Policy, if necessary.
1.2. The Sublicensee shall perform the duties of the Administrator of domain names received or purchased by them for a Personal website.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Rights and obligations of the Sublicensee:
2.1.1. When selecting a Domain Name, the Sublicensee shall make sure beforehand that the selected Domain Name does not violate any rights of the third parties or the applicable law.
2.1.2. The Sublicensee shall promptly notify the Registrar of the loss of rights to the Domain Name which the Sublicensee administrates.
2.1.3. The Sublicensee shall promptly notify the Registrar of any changes in the registration data (which were indicated during the registration of the Domain Name) and provide the Registrar with the current data.
2.1.4. The Sublicensee shall keep their registration data (which were indicated during the registration of the Domain Name) in secret in order to prevent the misuse of the Domain Names belonging to the Sublicensee by third parties.
2.1.5. The Sublicensee has the right to issue a refund for the Services on the terms of this Domain Name Policy.
2.1.6. The Sublicensee shall find, read and comply with the Registrars' rules to be applied in respect to the External Domain Names used by the Sublicensee and rules of the specific domain zones.
2.1.7. When sending the Application, the Sublicensee shall provide the Licensee and the Registrar with correct and complete data about themselves.
2.2. Rights and obligations of the Licensee:
2.2.1. The Licensee shall specify all the necessary Service settings for External Domain Names within the scope of the Services.
2.2.2. The Licensee shall provide the Sublicensee with technical support regarding the use of Domain Names within the Service.
2.2.3. The Licensee shall ensure the confidentiality of the information provided by the Sublicensee under the data processing policies applicable by the Licensee and the requirements of the applicable law.
2.2.4. The Licensee has the right to request additional information about the Sublicensee, as well as copies of documents to confirm the information provided by the Sublicensee and make any other requests when this is necessary based on reasonable assumptions and legitimate interests.
2.2.5. The Licensee has the right to refuse the Sublicensee to provide Services in case the Sublicensee violates this Domain Name Policy.
2.2.6. The Licensee shall not check the accuracy and completeness of the data provided by the Sublicensee and is not responsible for any losses of the Sublicensee and losses of third parties due to the discrepancy of the information provided by the Sublicensee when providing the Services with the real data.
3. USE OF TECHNICAL DOMAIN NAMES
3.1. When creating a Personal website, subject to this Domain Name Policy, the Licensee shall provide the Sublicensee with the Technical Domain Name free of charge throughout the whole period the Personal website exists.
3.2. The Sublicensee selects the Technical Domain Name from the available options given on the Dashboard when creating a Personal website. Once the Technical Domain Name for the Personal website is obtained, the Technical Domain Name cannot be changed.
3.3. The Technical Domain Name is not transferable and is inextricably linked to the Personal website created by the Sublicensee. When connecting the External Domain Name to the Personal website, the Technical Domain Name and the External Domain Name are both used at the same time.
3.4. The Technical Domain Name ensures the smooth functioning of the Personal website on the Internet in cases when the Sublicensee does not have an External Domain Name to connect. The Technical Domain Name shall cease to exist as soon as the Personal website is deleted.
4. USE OF EXTERNAL DOMAIN NAMES
4.1. The Licensee shall provide the Services presented on the Dashboard, and the Sublicensee shall accept and pay for the Services ordered by them in the amount and within the time stipulated by this Domain Name Policy. Type and number of Services provided by the Licensee to the Sublicensee under this Domain Name Policy shall be selected by the Sublicensee by sending the appropriate Applications to the Licensee through the Dashboard. Up-to-date information about the list of Services, as well as their cost, is specified on the Dashboard.
4.2. When rendering Services to the Sublicensee, the Licensee acts as an intermediary between the Sublicensee and the Registrar, so the Licensee acts on behalf of and at the expense of the Sublicensee when rendering Services. The Sublicensee acknowledges that the Licensee is not fulfilling the Registrar's obligations under any circumstances.
4.3. In order to purchase an External Domain Name through the Licensee's Services, the Sublicensee shall fill in an Application form provided by the Licensee on the Dashboard, which includes the External Domain Name that the Sublicensee wants to purchase, the data necessary to register the External Domain Name and a payment form for the Licensee's Services and the cost of the External Domain Name specified by the Registrar.
4.4. Applications are processed within 6-72 hours unless another term is specified on the Dashboard. After receiving the Sublicensee's Application, the Licensee shall transfer the Application and the Sublicensee's registration data to the authorized Registrar.
4.5. The information about the status and price of the External Domain Name specified on the Dashboard is based on the information received by the Licensee from third parties and can change until the payment is made by the Sublicensee.
4.6. The Sublicensee acknowledges that the External Domain Name is delegated to the Sublicensee only under the following conditions:
- information about the Sublicensee as the Domain Name Administrator has been entered in the Registry;
- the External Domain Name has been paid.
4.7. The External Domain Name is delegated to the Sublicensee for the period paid by the Sublicensee.
4.8. Several External Domain Names can be connected to the Personal website, one of these Names will be primary. Visitors of the Personal website will be automatically redirected to the primary Domain Name when they go to the Technical Domain Name or a secondary Domain Name. The Sublicensee shall decide which of the Domain Names is primary.
4.9. The Sublicensee can connect and disconnect External Domain Names to the Personal website at any time, subject to this Domain Name Policy.
4.10. All statements relating to the Domain Names, in particular, refusal of the Domain Name, changes in the provider, the Domain Name removal must be made in writing.
4.11. The Sublicensee acknowledges that the acquisition and use of External Domain Names are regulated by the Registrars. Registrars can have their own terms of registration, administration and requirements for Domain Name Administrators. The terms and conditions for the registration and use of External Domain Names are an integral part of this Domain Name Policy. The parties acknowledge that the terms and conditions for the registration and use of External Domain Names, as well as the rules for the resolution of disputes concerning External Domain Names set forth in the rules of the particular domain zone, are binding.
4.12. The External Domain Name expiry date specified on the Dashboard may differ from the one displayed in the WHOIS service for up to five (5) days (downward). This is due to the fact that the Licensee should have time to complete the renewal of registration if the Application is received on the day the External Domain Name registration expires. The Parties agree that the External Domain Name registration expiry date means the date specified on the Dashboard.
5. PROHIBITED ACTIONS
5.1. The Sublicensee shall not use the Domain Names received by the Sublicensee under this Domain Name Policy as web addresses for Personal websites containing materials that conflict with the applicable law.
5.2. The Sublicensee shall not use as a Domain Name words that conflict with public interests, principles of humanity and morality, words with obscene content that offend human dignity, incite ethnic, national, racial or religious discord, mislead, violate the intellectual rights of third parties or violate the applicable law.
5.3. The Sublicensee shall not send emails containing advertisements (spam) or any reference to Domain Names (or domain-based email addresses) registered by the Licensee as part of the Services.
6. FINANCIAL TERMS
6.1. The cost of the Services is specified on the Dashboard and paid by the Sublicensee in the way specified on the Dashboard. In addition, if not indicated otherwise on the Dashboard, the Sublicensee shall pay VAT at the current rate established by the current legislation of the Russian Federation.
6.2. The refund of the Sublicensee's payment for the Services is possible only if the registration procedure of the External Domain Name has not been completed and the data of the Sublicensee has not been entered into the Registry as the Domain Name Administrator.
6.3. The refund shall not be made if the registration of an External Domain Name is not carried out on the basis of refusal of the Sublicensee to use the External Domain Name, or on the basis of binding decisions of judicial and state authorities, with the Sublicensee not entitled to demand free replacement of the External Domain Name. If the Sublicensee refuses to use the External Domain Name or the Registrar cancels the External Domain Name delegation in the cases provided for by the applicable law and the relevant rules of the Domain Names registration, the funds paid by the Sublicensee shall not be refunded.
6.4. If a refund is made, the Licensee shall return the funds to the same account from which the payment was made.
6.5. After the Sublicensee's Application is submitted to the Registrar, the Licensee's Service shall be deemed to have been properly rendered and the funds shall not be refunded.
6.6. Changes to the Application after its submission to the Registrar are not allowed.
6.7. The funds withheld from the Licensee by a credit institution (bank) or payment system (acquirer) from payments for Services shall be paid by the Sublicensee.
7. LIABILITY OF PARTIES
7.1. The Licensee has no influence on the Registrar with respect to the delegation of External Domain Names, thus, the Licensee does not guarantee to the Sublicensee that the Application submitted to the Registrar will be executed, the External Domain Name chosen by the Sublicensee will be delegated to the Sublicensee, and does not guarantee that the specified External Domain Names are free of third party rights or are available for a long term.
7.2. The Sublicensee is responsible for the completeness and accuracy of the registration data provided in the Application form to the Licensee and the Registrar (up to the loss of the Domain Name and/or the Personal website).
7.3. The Sublicensee is responsible for their own compliance with the applicable law when choosing and using the Domain Name, including but not limited to the intellectual rights of the third parties (including rights to the means of identification). All claims of the third parties in connection with the Domain Name selection shall be settled by the Sublicensee at their own expense.
8. FINAL PROVISIONS
8.1. All disputes and claims of the Parties are regulated by the provisions of this Domain Name Policy.
8.2. The Sublicensee gives their consent to the Licensee that the personal data of the Sublicensee from the Application can be stored by the Licensee and transferred to the Registrar. These actions are performed by the Licensee solely for providing the Services and executing this Domain Name Policy.