uCoz

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USER AGREEMENT


Thank you for your interest in our products and services. uCoz publishes this Agreement which is a public offer to provide the services of information posting on the Internet and other related services. Conclusive actions by a natural person or a legal entity, hereinafter referred to as the “User”, aimed at using the service, are considered to be an unconditional acceptance of this Agreement.

  1. DEFINITIONS

    Service means a software complex located on the Internet at the official uCoz website and designed to provide the services to the Users.

    User is a natural person or a legal entity, having legal competence, who has registered voluntarily on the Website and who is one of the parties in this Agreement.

    Registration is the procedure during which the User provides accurate data about himself/herself, including the Username and the Password, unless it is generated automatically, in the form approved by uCoz. Registration is considered complete only if the User passes successfully all its stages, including the verification of the User's account by clicking on the unique link, sent to the email address provided by the User.

    The activation of this link by the User is the moment of acceptance of this Agreement between the User and uCoz, i.e. full and unconditional acceptance of this Agreement by the Parties.

    Username is a unique name (nickname) provided by the User during the registration to be used for the User's identification and, when used together with the password, to get access to the Website's Services by the User.

    Password is an alphanumeric code provided by the User or generated automatically during the Registration, stored by both Parties of these Terms in secret from third parties, and used together with the Username to get access to the Website's Services by the User.

    Username and Password are the identification data provided by the User that are recognized by the Parties as the analogue of the User's signature.

    User's Personal Registration Data is the data voluntarily provided by the User during the Registration. The data is stored in the uCoz's database and shall be used solely in accordance with this Agreement and the applicable international law.

    Account is an account, a structure of specific data, information, and a scope of provided services that belong collectively to a single entry in the uCoz's database and are individualized by the data provided by the User during the Registration.

    Personal Website is a website/websites created by the User with the help of the software provided by uCoz.

    Entries – mean information in any form (text, audio, video, graphics files, photos, and any other files) used (as well as stored, distributed, transferred etc.) by the User in any form (including but not limited to a text message, an attached file of any format, links on the Internet, etc.) within or through using the Service and its tools.

  2. SUBJECT OF THE AGREEMENT

    1. This Agreement regulates the relations between the User, on the one hand, and uCoz, on the other hand, on providing to the User the services listed in paragraph 2.2 of the Agreement.
    2. In accordance with this Agreement uCoz provides the following services:
      • provides storage space for placement of information on a uCoz server and the access to this information through Internet (hosting) for the Website created by the User;
      • gives a third-level or a fourth-level domain name to the User to create the Website;
      • other services provided by the Agreement and Annexes thereto.
    3. The User gets access to the Service by logging in to the official uCoz website after entering the personal username and password. The User's Account is used to manage the Personal Website.
    4. uCoz reserves the right to display advertisements on pages of the User’s Website, created with the Service’s tools and software, if it does not contradict the terms of the plans specified in section 5 of the Agreement.
  3. RIGHTS AND OBLIGATIONS OF UCOZ

    1. uCoz shall provide the Services to the extent that corresponds to the amount paid by the User for the Services in accordance with the Agreement, 24 hours a day 7 day a week, including weekends and holidays, within the technical limitations specified in Annex No.1.
    2. uCoz reserves the right to suspend or terminate the provision of the Services if the User, while using the Service, repeatedly exceeds the established technical limitations specified in Annex No.1.
    3. uCoz shall make all reasonable efforts to ensure stable operation of the Service, its gradual improvement, fixing of the Service’s errors, however: The Service is provided to the User “as is”. This means that uCoz:
      • does not guarantee absence of errors in the operation of the Service;
      • does not guarantee uninterrupted operation of the Service, its compatibility with the User’s software and hardware or that of any other persons;
      • is not liable for the loss of the Entries or for any damage that was caused or may be caused in connection to or when using the Service;
      • is not liable for any distortion, alteration, optical illusion of the User's images, photos, videos, and other Entries that occurred or may occur when using the Service, even if it causes mockery, scandal, condemnation or disdain;
      • is not liable for non-performance or improper performance of its obligations due to disruptions in the telecommunication and energy networks, malicious software, as well as fraudulent actions by third parties aimed at unauthorized access and/or disabling of the uCoz's software and/or hardware.
    4. uCoz has the right to give to the User access to the Service and maintain the Service and its tools in the working condition, as well as suspend the provision of the Web applications for the periods necessary for scheduled maintenance or restoration works on the hardware with a preliminary notification on the uCoz Community Forum or through social networking sites.
    5. The User agrees that uCoz has the right to use the data provided by the User during the Registration to run events related to the Service, as well as send notifications to the e-mail address and/or SMS messages to the mobile phone number that were provided by the User, place advertising and informational messages in the space limited by the User’s access.
    6. uCoz reserves the right to contact the User through phone calls or by sending SMS messages to check the quality of the provided services and to provide the User with critically important information. The User may request cancellation of phone calls and SMS at any time by informing uCoz.
    7. uCoz reserves the right to ask the User for scanned copies of the Users documents to verify the identity of the account/domains owner. uСoz is also obliged to provide accurate contact information about the User upon request of law enforcement authorities or other authorized organizations.
    8. uCoz shall ensure confidentiality and safety of the registration data received from the User, except when such disclosure happens through no fault of uCoz, and except for the cases stipulated by the applicable international law.
    9. uCoz is under no circumstances liable for the content of the Entries published or sent by the User, or received by the User from other Users.
    10. uCoz shall not pre-moderate the content of the Entries and is under no circumstances liable for their compliance with the requirements of the applicable law, as well as for possible infringement of the rights of third parties due to publishing of the Entries when using the Service or in relation to it.
    11. uCoz shall provide technical support to the User on conditions and issues that are described in paragraph 3.12. of this Agreement.
    12. Technical support is provided in written form only upon the User's official request through sending an e-mail message to the e-mail address support@ucoz.com or by filling in the Contact Us form on the official uCoz website, or through submitting a request in the Website’s Control Panel. Consultation by the specialist can be provided on the following issues: registration and problems that may occur in the process, functioning of the Service and its tools, retrieval of a lost password. Support is not provided on hardware, software or Internet access setup for the User or third parties, as well as on other questions that are not related to the work of the Service.
      1. uCoz reserves the right to deny technical support to the User in case of the User's inappropriate behavior when contacting a uCoz support specialist. The paid for Premium support, that is specified in selected service plans can not be denied through this clause.
      2. uCoz is not obligated to return or delete the Entries provided by the User through the use of the Service.
  4. RIGHTS AND OBLIGATIONS OF THE USER

    1. The User has the right to use the Service in the ways that are not prohibited by this Agreement and by the applicable international law.
    2. The User shall not infringe the rights of third parties when publishing the Entries through the Service.
    3. The User understands, accepts and agrees that when registering a third-level or a fourth-level domain name the User becomes the Administrator of the registered domain name and shall be fully responsible under the international law and the terms of this Agreement.
    4. In case there are technical problems in the work of the Service, or in case the User receives unauthorized advertising messages or messages that contain the Entries prohibited by the Agreement, including threats or files suspected of viruses, in case the User discovers the facts giving reason to believe that the User's access was used by someone illegally, the User has the right to contact uCoz with a request to clarify the situation and take the required measures.
    5. The User is responsible for keeping the username/password beyond the reach of third parties and their timely change in case of their loss or other necessity.
    6. The User is liable to uCoz for providing true and accurate contact and registration information about himself/herself during the Registration to the Service. In case the provided data change, the User shall inform uCoz about it by changing the details.
    7. The User shall never and under no circumstances use the Service to:
      1. publish, distribute, store, transfer in any form (including but not limited to a text message, an attached file of any format, links on the Internet) the Entries that:
        • are indecent, offensive, vulgar, malicious, threatening, defamatory, false, or pornographic;
        • harm honor and dignity, rights and legitimate interests of third parties, may promote incitement of religious, racial, or ethnic hatred, contain elements of violence, call for breaking the law in force or for illegal actions etc.;
        • infringe the rights for results of intellectual activity or brand identity (including copyrights, neighboring rights, patent rights etc.) of third parties;
        • violate the rights of minors;
        • contribute to the emergence of interest in or distribution of drugs, weapons and ammunition, any form of terrorism, illegal and Nazi activities;
        • contain information that is not allowed to be disclosed (information constituting state secrets, personal data of third parties, information prohibited for disclosure by virtue of contractual or fiduciary relations of the User, etc.);
        • contain software viruses or any other computer codes, programs, files, aiming to harm the functionality of any computer or telecommunications equipment and parts thereof, including servers and other components of the network infrastructure and software. Sending of malware is prohibited in any form, including a complete code or its part, any individual files of any formats, as well as Internet links to them;
        • contain advertisements that are not authorized by uCoz, spam (including all forms of search engine spam), flood, chain mail, multi-level marketing schemes, ways to earn money on the Internet (including through e-mails), information provoking a "chain reaction" in sending messages by recipients and other similar information, that contain profanity;
        • are aimed at artificial increasing of the User's rating or the rating of other Users;
        • any other Entries, the distribution, disclosure or other use of which is prohibited or restricted by law, agreement or otherwise.
      2. connect and use any software designed to hack or aggregate personal data of other Users, including usernames, passwords, etc. (phishing), as well as for automatic mass mailing of any content;
      3. artificially increase traffic for their websites, imitate hits by visitors, particularly by loading pages of the User’s or someone else’s website in iframes, participating in traffic exchange networks (autosurfing). Such actions are considered as infliction of direct harm on uCoz;
      4. deceive anyone by using someone else's name and by deliberate publishing, sending messages, or in any other ways use the name illegally for intentional infliction of damages on someone or for any personal gain;
      5. create so-called “doorway pages” and other forms of search engine spam;
      6. place on the website pornographic banners, as well as codes that open new windows (pop-up, pop-under) with pornographic content;
      7. carry into effect other actions that are prohibited or restricted by the international law.
    8. By accepting this agreement the User understands, accepts and agrees that:
      • the User shall be fully and personally liable for the content and compliance of all Entries, including all texts, software, music, audio, photos, graphic files, video, etc., with the international law;
      • the User shall be fully and personally liable for the compliance of the ways to use the Entries of other Users and other information provided at the Service with the international law (including but not limited to the intellectual property and data protection law);
      • the User shall be fully responsible for the safety of his/her account (the username and the password), as well as for actions performed under his/her account;
      • the User shall not use the Account only for file storage, not having any active (visited) web applications (Web Polls, Tag Board, Statistics, and E-mail Forms are not taken into account);
      • the User shall not cause any harm to the software environment, hardware and software, node machines of the Service and third parties.
    9. In case of breach by the User of any of the Agreement’s provisions uCoz reserves the right to terminate the User's access to the Service (including blocking the access to the Service from the IP address that was used by the User to register/to publish the largest number of the Entries) and to transfer the Entries confirming the Users' illegal actions for action by the law-enforcement authorities.
    10. The User agrees to reimburse to uCoz any losses incurred by uCoz in connection to the use of the Service by the User, to the breach by the User of this Agreement and the rights (including intellectual property rights, information rights, etc.) of any third party.
    11. The User acknowledges and agrees that the IP address of the User's personal computer is recorded with uCoz's technical tools, and in case of illegal actions, including actions that violate the intellectual property rights of third parties, the owner of the personal computer with the IP address determined by uCoz's technical tools is deemed responsible for these illegal actions.
  5. PAID ADDITIONAL SERVICES

    1. The Services listed in paragraph 2.2. of this Agreement shall be provided free of charge.
    2. The cost of paid services is determined in accordance with the Plans listed in the Control Panel of the Account. The cost of the services under this Agreement is 15% of the Plan.
    3. uCoz has the right to unilaterally change the Plans at any time.
    4. The Services are paid by the User on the prepayment basis, the payment method is chosen by the User independently from the options available in the Control Panel of the Account.
    5. The start date of the Services provision shall be the date when uCoz receives the amount paid by the User.
    6. When requesting a refund, the User pays the commission established by the payment system, as well as one month's cost of the services for early termination.
    7. A refund is not provided if the User's Account was blocked for violations listed in paragraphs 4.7. and 4.8. of this Agreement.
    8. On his/her website the User has the possibility to use the paid plans with the automatic renewal upon their expiration and automatic withdrawal of the required amount from the User's card. According to the Privacy Policy, the User may request a refund for the unused period of the plan by contacting uCoz in any convenient way. To disable recurring payments, the User should send a message to support@ucoz.com.
  6. SETTLEMENT OF DISPUTES AND CLAIMS

    1. All disputes and claims are regulated by the provisions of this Agreement, and in case they are not settled - in the procedure established by the applicable law.
    2. Any questions, comments, and other correspondence should be sent by the User to uCoz as a message through the contact form on the uCoz’s website or through the Control Panel of the User’s website. uCoz is not responsible for and does not guarantee a response to inquiries, questions, suggestions or other information sent to uCoz in any other way.
    3. Claims that arise in connection to the Agreement and that are related to the violation of intellectual property rights of third parties should be sent to uCoz as a message through the contact form on the uCoz’s website. uCoz shall review the claim within ten (10) working days and, if necessary, send a message outlining the company’s position to the e-mail address specified in the claim. Claims by persons whom it is not possible to identify on the basis of the provided registration data (including anonymous claims) are not considered by uCoz. If the complainant does not agree with the reasons given by uCoz in the response to the claim, the settlement procedure is repeated by means of sending a reasoned response by the complainant by registered mail with return receipt. In case the claim cannot be settled through negotiation, the dispute is resolved in the order set by this Agreement.
    4. The User and uCoz agree that any disputes arising in connection with this Agreement shall be resolved by the parties according to the norms of the international law and are considered at the location of uCoz.
  7. TERM OF THE AGREEMENT

    1. This Agreement is concluded between the parties for an indefinite period, as long as the User uses the Service continuously.
    2. If the Account is considered to be abandoned due to the lack of attendance of interactive Web applications (activity in E-mail Forms, Tag Board, Web Polls, Statistics is not counted), and not logging in to the Control Panel for at least 40 days, uCoz may suspend provision of the services. At the same time the User’s Username and Password will be saved with the possibility of re-activation within 15 days after the termination of the possibility to use the Service by User. To re-obtain a reactivation link to the e-mail address specified during the first registration, the User must contact the uCoz’s support by sending a message to support@ucoz.com. uCoz reserves the right to provide or not to provide to the User the re-activation. The exception is a valid paid service (paid by the User and being in the process of execution), in this case uCoz is not entitled to terminate the Username and Password on the grounds provided for in this paragraph.
  8. ADDITIONAL PROVISIONS

    1. The current version of the Agreement is published on the Internet at http://www.ucoz.com/terms
    2. uCoz reserves the right to unilaterally and without prior notice change the terms of the Agreement by publishing the final version of the Agreement at http://www.ucoz.com/terms. The provisions of the new edition of the User Agreement shall be binding on all previously registered users.