Terms of Service Agreement

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TERMS OF SERVICE AGREEMENT
 of the Tucha Virtual Infrastructure (Registration  (re-registration) and of support domain names)    

 

    Comes into force from 01.01.2019

1. Terms of service for the Tucha Virtual infrastructure (Registration (re-registration) and support of domain names) (hereinafter the Services), defines the legal basis for the provision of Services (tables 01-08 of this Terms of Service Agreement):

Table 01 Terms and Definitions

No. Term Definition
1. Domain - an area of the Internet hierarchical namespace that is serviced by a set of domain name servers (DNS) the Domain is identified by the domain name
2. Registration (re-registration) and support of domain names in domain zones - entering information about the domain and its Registrar and Registrant in the domain name registry in order to ensure the unique use of the domain, as well as obtaining rights to administer the domain
3. Registrar - an organization that takes responsibility for domain name registration, its prolongation, and other related operations. For these Services, the Performer is a reseller TOB (Limited Liability Company) "INTERNET INVEST"
4. Registrant - a legal entity or a private person who initiated the domain registration procedure and who is or plans to become the owner of the registered domain. According to the Services is the Customer
5. DNS-servers - domain name servers containing configuration files of the registered domain.

 

Table 02 Documents that regulate the provision of Services

No.

Document
1. Public Agreement (offer) for the provision of services for temporary paid use of the virtual infrastructure of Tucha 
2. Documents, regulations, rules, instructions, and procedures adopted by ICANN - Internet Corporation for assigning names and addresses
3. Documents, regulations, rules, instructions, and procedures adopted by the Administrators respective of public domains
4. Documents, regulations, rules, instructions, and procedures adopted by the Internet service  ТОВ (Limited Liability Company) "Internet Invest"
5. Current legislation of Ukraine and international legal acts ratified by Ukraine

 

Table 03 Zone of registration (re-registration) and support of domain names in domain zones

No. Zone of registration (re-registration) and support of domain names in domain zones
1. Registration (re-registration) and support of domain names is performed in Ukrainian, international, Ukrainian regional and foreign domain zones

   
 

Table 04 Confirmation and guarantees

No.

ПіConfirmations and guaranteesдтвердження та гарантії
1. The Customer confirms and guarantees the following:
1.1. The information provided for registration (re-registration) and support of domain names in domain zones, including contact information, is complete, true, and accurate. This information shall be timely corrected and updated in case of any changes
1.2. The information specified in clause 1.1. will be confirmed within 10 calendar days in case of the Contractor`s request  
1.3. Neither the registration of the domain name nor the procedure of its use does not violate the intellectual property rights of third parties
1.4. That accepts responsibility for losses caused by the misuse of the registered domain name as a result of the illegal actions of third parties unless the true identity and contact information of the person who actually uses the domain name is disclosed
1.5. If there is a dispute regarding the use of the registered domain name, they recognize the amenability and jurisdiction according to the Registrar's location
1.6. Domain name registration is subject to suspension, cancellation, or transfer for reasons specified in documents, regulations, rules, instructions, and procedures adopted by ICANN
1.7. Absence of liability of the Contractor, Registrar, Administrator and Registry Operator for the consequences of the use or misuse of the Customer's domain names, including to third parties, as well as in case of violation by the Customer of any rights of third parties, as well as compensation in the case of claims against the specified parties
1.8. Before ordering the Services have read the information shown in the links in Table 8
2. The Contractor confirms and guarantees the following:
2.1. Provision of Services in accordance with the procedure and conditions specified in the documents in Table 02

 

Table 05 Confidentiality

No.

Terms of confidentiality
1. The terms of confidentiality are provided in accordance with certain practices set in the Contractor's Privacy Policy
2. During registration (re-registration) and domain name support, the following information will be publicly available in real-time via WHOIS or similar service:
- registered domain name;
- primary and secondary server for the registered domain name;
- identity of the Registrar; 
- date of the domain name registration;
- expiry date of the domain name registration;
- identity and postal address of the owner of the registered domain name;
- identity, postal address, email address, phone and fax number of the technical contact for the registered domain name;
- identity, postal address, email address, phone and fax number of the administrative contact for the registered domain name
3. By accepting this Agreement, the Registrant agrees to receive messages by email (e-mail) and via short message services (SMS) related to the provision of services under this Agreement

 

Table 06 Transfer of domain names

No.

Conditions for transferring domain names
1. The transfer of a domain name for service to another Registrar is performed in the manner and under the conditions specified in the documents in Table 02
2. Transfer of a domain name to another legal entity, private person or sole proprietorship is performed in accordance with the requirements and in the manner specified in the documents in Table 02
3. Transfer of a domain name for service to another Registrar is carried out only within the period of validity of the domain name registration
4. Transfer of a domain name registered for the Customer to other Registrars for service is possible no later than 14 days before the end of the domain name registration period
5. The operation of transfer of a domain name to other registrars, transfer of rights to the domain name, and change of contact information are only possible if the Contractor receives an official written letter from the Customer.
If a domain name is registered in favor of a legal entity, the letter shall be formed on the company's letterhead and confirmed by the company's seal and signature of the head. 
If a domain name is registered in favor of a private person, then for the transfer of rights or transfer of the domain name, it is necessary to add certified copies of pages 1 and 2 of a Customer's passport, confirming identity, to the letter signed by the Customer
6. The official written letter of the Customer shall contain the following information:
6.1. Transfer to another Registrar:
- number of the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha;
- name of the registered domain name;
- information about the owner of the registered domain name (full name of the organization, full name for a private person);
- name of the future Registrar;
- identifier of the new Registrar that will service the specified domain name in the Registry
6.2. Change of contact information:
- number of the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha;
- name of the registered domain name;
- information about the owner of the registered domain name (full name of the organization, full for a private person);
- reliable old and new information.
6.3. Transfer of rights to a registered domain name:
- number of the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha;
- name of the registered domain name;
- information about the owner of the registered domain name (full name of the organization, full name for a private person);
- the basis for the transfer of rights to the registered domain name;
- information about the new owner of the registered domain name (full name of the organization, full name for a private person; registration data; contact information; payment details; information about the tax status).
6.4. Registration (re-registration) of domain names associated with the intellectual property rights certified by the Certificate of the mark for goods and services is carried out with the obligatory submission of certified copies of Certificates on marks for goods and services; a copy of the decision of the State Department of Intellectual Property on the transfer of ownership and/or extract from the State Register of Certificates of Ukraine
7. In case of changing the name of the organization, transferring rights, changing the number of the certificate for marks for goods and services, the registered domain name shall be re-registered
8. In the absence of any of the listed details, the operation of transfer of the domain name to other registrars, transfer of rights to the domain name and change of contact information cannot be performed

 

Table 07 Terms of services

No.

Terms of services
1. Services are provided by order and in the interests of the Customer. In the case of disputes between the Contractor and the Customer, as well as with the participation of third parties, the Contractor will take all legal and ethical measures to protect the legal and ethical interests of the Customer
2. In order to protect the rights of the Registrant to use the registered domain name, as well as to ensure an effective and universal procedure of registration and management of domain names registered in various domain zones, the Contractor can enter ones contact details in the WHOIS services of administrators of foreign and Ukrainian domain zones when registering domain names. The Contractor undertakes to change the contact details of the domain name at the written request of the Registrant after presenting the document that identifies the Registrant
3. Services are guaranteed and provided only upon receipt of payment by the Contractor. Until payment is received, the Contractor does not have any obligations to the Customer for registration/re-registration/renewal of registration and assignment of rights to specific domain names
4. In case of non-payment or late payment for the Services, the Contractor may terminate/suspend the provision of services and is not responsible for the possible consequences of such a decision/action
5. Providing inaccurate contact information or failing to provide such information upon request may be ground for suspension of registration. At the same time, the Contractor is not responsible for any losses received by the Customer in the event of suspension of the Services due to non-compliance with this requirement
6. The Contractor does not guarantee that the order will be completed unconditionally. The Services are provided on the "as is" basis and involved technical systems may include undetected technical errors that result in the inability to execute the order or its untimely execution. In addition, the inability to fulfill the order or its untimely execution may be caused by circumstances caused by a human factor, or by force majeure events caused by social and natural disasters (wars, fires, floods, revolutions, etc.)
7. If it is impossible to fulfill the assumed obligations because of the reasons specified above, except force majeure, the Contractor is liable to the extent of the amounts received from the Customer as the payment for the Services
8. The Contractor is not liable and under no circumstances can not bear any financial liability beyond the amounts received from the Customer as the payment for the Services 
9. The Contractor does not bear any responsibility in the event of force majeure
10. The Contractor reserves the right to terminate the Customer's service WITHOUT reimbursement of the cost of services in the following cases:
-  systematic violation of generally accepted rules of network etiquette (spam, posting materials inciting ethnic/religious discord, porn resources, materials on the arms trade, drugs, the propaganda of prostitution, etc.); misleading Internet users, including for the purpose of unauthorized collection of personal data and/or obtaining authentication information (phishing); posting materials that violate copyright and intellectual property rights and laws;
- malicious actions (hacking, attacks, etc.) aimed at unauthorized changes to the standard operating procedure of the Contractor or discrediting the Contractor;
- in the case of a court decision, as well as in other cases provided for by current legislation;
- if the contact information submitted by the Customer does not allow to identify the registrant of the domain name and if the information does not comply to the requirements of the competent authorities (courts, investigative bodies, the Security Service of Ukraine (SBU)), as well as in cases where the information is not reliable;
- any actions of the Customer aimed at disrupting the operation of Internet elements that do not belong to the registrant;
- if the Customer applies settings that make it difficult to exchange information in real-time and disrupt the normal order of communication in the global Internet.
11. Funds paid by the Customer will not be refunded if:
- refusal of the Customer from the provided of the service of domain name registration/renewal;
- cancellation of the domain name registration before its expiration, including by court decision;
- transfer of the domain name to another person, including by court decision;
- violations by the Customer of clause 10 of Table 7

 

Table 08 Information resources

No.

Information resources for familiarization
1. You can read the terms of the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha at the following link:
https://tucha.ua/docs/
2. You can read the terms of documents, regulations, rules, instructions, and procedures adopted by ICANN-Internet Corporation for assigning names and addresses at the following link:
https://www.icann.org/resources/pages/governance/governance-en
3. You can read the terms of the documents, regulations, rules, instructions, and procedures adopted by the Administrators of the corresponding public domains at the following link:
https://hostmaster.ru/policy/2ld.ua/
4. You can read the terms of documents, regulations, rules, instructions, and procedures adopted by the Internet service  ТОВ (Limited Liability Company) "Internet Invest" at the following link:
https://www.imena.ru/documents
5. You can read the terms and conditions of the current legislation of Ukraine and international legal acts ratified by Ukraine at the following link:
http://zakon.rada.gov.ua/laws

 

2. All terms (definitions) used in this Terms of Service Agreement are applied in accordance with the Public Agreement (offer) for the provision of services for the provision in temporary paid use of Virtual Infrastructure of Tucha and Tariffs for the provision of services for the provision in temporary paid use of Virtual Infrastructure of Tucha (Registration (re-registration) and support of domain names).

3. The Parties have agreed that this Terms of Service Agreement is an integral part of the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha.

4. The Terms of Service Agreement may be changed by the Contractor unilaterally on the terms stipulated in the Public Agreement (offer) for the provision of services for the provision in temporary paid use of the Virtual Infrastructure of Tucha, as well as in the case of changes to the documents listed in Table 02.

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