THE CONTRACT ON SERVICES OF THE VIRTUAL SERVER 1. An explanation of concepts used in the Contract THE CLIENT- baltnic- Party{Side} baltnic or the CLIENT The parties{sides} - the CLIENT and baltnic together; Physical server - allocated for rendering to the CLIENT of services both including hardware and the software, a server taking place in possession baltnic to which the CLIENT has access through the FTP-report with the help given to it{him} baltnic авторизационных codes. Virtual server - administered by the CLIENT through the FTP-report the limited resource of the Physical server, using which CLIENT can represent HTML-appendices belonging to it{him} and to use for representation of appendices belonging to it{him} scripts PHP or CGI. The concept the Virtual server includes also allocated with party{side} baltnic to the CLIENT for acceptance and departure of e-mail the limited resource of the Physical server. Service - the Virtual server registered on the CLIENT according to the package chosen the CLIENT, given for administration of the domain to the CLIENT in using from party{side} baltnic. The contract - made between the CLIENT and baltnic the agreement on rendering of Service on the present{true} conditions; Hereby the CLIENT and baltnic agree about rendering to the CLIENT of Service on the conditions resulted in the present{true} Contract. 2. The purpose of the Contract The purpose of the Contract will consist in regulation of legal relations between the CLIENT and baltnic, being the basis and arising in connection with rendering of Service to the CLIENT. 3. Assurances of the Parties{Sides} The CLIENT assures, that: a) Given by him{it} at the conclusion of the Contract to firm baltnic the data are true and at the moment of the conclusion of the Contract it{he} is capable (the physical person including full age). b) It{He} before the conclusion of the Contract has familiarized with the description of desirable Service and treaty provisions, including with the price, and realizes, that the suggested price is valid before its{her} change. c) The conclusion of the Contract does not break the obligations assigned to him{it} by the legal or administrative certificate{act}, the decision of court, and also the obligations following from attitudes{relations} with the third parties. baltnic assures, that: a) Has means and skills for rendering to the CLIENT of the Service stipulated by the Contract; b) The conclusion of the Contract does not break the obligations assigned to him{it} by the legal or administrative certificate{act}, the decision of court, and also the obligations following from attitudes{relations} with the third parties. 4. Service baltnic renders to the CLIENT Service according to the Contract made by the Parties{Sides}. 5. The domain The CLIENT authorizes baltnic at representation of the offer on the conclusion of the Contract to register addressed to the CLIENT a domain name desirable to him{it}. baltnic as the attorney registers addressed to the CLIENT the domain desirable by the CLIENT if the given domain is not registered on the third party. If registration of a domain name desirable by the CLIENT addressed to the CLIENT appears impossible, the Contract does not consist and baltnic loses the right to represent the CLIENT in registration of a domain name. If registration of the domain desirable by the CLIENT paid, the CLIENT pays registration of a domain name up to the conclusion of the Contract on the basis of exposed baltnic accounts to the specified term. At exhibiting the account for registration of domain baltnic undertakes to conclude after registration of the domain with the CLIENT the Contract (to agree) according to the offer of the CLIENT, except for cases of essential change of the circumstances being the basis for the conclusion of the Contract, during time between exhibiting of the account and registration of the domain. The above-stated positions of present{true} clause{article} are not applied, if the CLIENT already has the registered domain name. In that case baltnic is authorized to represent the CLIENT in attitudes{relations} with the allocator of domain names in a measure necessary for rendering of Service. The CLIENT undertakes to provide, that his{its} domain name did not contradict legal certificates{acts} subject to application or kind customs and did not break the rights of the third parties, including the rights to the intellectual property. The CLIENT confirms, that it{he} has familiarized and undertakes to observe conditions of registration of the domain names, established by the allocator of domain names. The CLIENT understands, that at registration of a domain name arise connected with registration of a domain name of the right and a duty between the CLIENT and the third party - the allocator of domain names. The present{true} Contract does not adjust the right of the CLIENT for a domain name, baltnic does not distribute{allocate} domain names and cannot guarantee safety of the right of the CLIENT for a domain name. Responsibility baltnic at registration of a domain name is limited to his{its} representation activity as the attorney of the CLIENT. 6. Rights, duties and the responsibility of the CLIENT at using Service The CLIENT has the right to use within the framework of Service the Virtual server for public accommodation of the appendices and materials, creations and uses of addresses of e-mail and reception / departure of electronic messages, and also other target way according to the description of Service. The CLIENT is responsible for the maintenance{contents} of the Virtual server administered by him{it} and has rights following from the present{true} Contract and a duty on administration of the Virtual server allocated to it{him}. baltnic does not guarantee, that during using Service the CLIENT has no opportunity to conflict to legal certificates{acts} subject to application and the rights of the third parties. The CLIENT is obliged to inform immediately baltnic on the problems which have arisen during using by Service. The CLIENT gets at using Service support on Internet - page baltnic http://baltnic.com to the address of e-mail help@baltnic.com. The CLIENT undertakes to not use on the Virtual server the software, scripts, programs or other appendices which overload, prevent or harm to purposeful work of the Physical server, and to eliminate them within 12 hours after reception from baltnic the corresponding prevention{warning}. The CLIENT guarantees, that his{its} activity (including a material placed on Internet - page) at using Service will not conflict to working legal certificates{acts}. The given obligation includes an interdiction on dispatch so-called a spam (mass dispatches). The CLIENT undertakes to not use in the Virtual server of the program of e-mail or the appendices allowing Internet users to dispatch a spam and electronic letters of menacing, offending or misleading character. The CLIENT undertakes to not place materials on the Virtual server and to not render the services contradicting to laws working in the Estonian Republic, to the other legal certificates{acts} and kind customs, and also the rights of the third parties. The CLIENT undertakes to keep secret авторизационные of the codes received from baltnic with a view of administration of the Virtual server. If the CLIENT gives using Service to the third parties, the responsibility for their actions before baltnic reclines on the CLIENT. 7. Rights, duties and responsibility baltnic at rendering Service baltnic bears the responsibility for work involved for rendering Service of the Physical server and the software and has rights following from the present{true} Contract and a duty on rendering Service. baltnic undertakes to provide to the CLIENT probably stable rendering of Service including as it is possible big reliability of work of the Physical server. baltnic notifies the CLIENT on infringements of work of the Physical server at updating not later than 5 hours. baltnic eliminates infringements in work of the Physical server not later than 3 calendar days from the date of revealing infringement. baltnic does not disclose авторизационные codes of the CLIENT to the third parties. baltnic have the right to watch{keep up}, that the CLIENT did not break legal certificates{acts} subject to application and the Contract during using Service, including did not use no-purpose appendices overloading the Physical server and did not place the materials contradicting to the law or kind customs or breaking the rights of the third parties on the Internet - page. baltnic have the right to remove in 12 hours after departure of the corresponding prevention{warning}, in case of absence on the last reactions on the part of the CLIENT, the software used by the CLIENT, scripts or the other appendices being the reason of infringement of work and an overload of the Physical server and interfering rendering of Service baltnic. baltnic have the right to do{make} to the CLIENT obligatory instructions for performance about the termination{discontinuance} of illegal activity on using Service or elimination from the Virtual server contradicting to kind customs or illegal materials, and also to eliminate such materials, necessarily before stay of rendering of Service or the termination{discontinuance} of the Contract. baltnic have the right to suspend rendering of Service to the CLIENT properly and without the preliminary prevention{warning} if the software used by the CLIENT, scripts or other appendices have caused the Physical server an overload infringement of work program and the hardware. baltnic does not suffer the responsibility for the damage arising in connection with: a) Activity of the third parties; b) Infringement of communication lines taking place outside of control baltnic (including belonging to the provider of digital communication{connection}); c) Not dependent from baltnic infringements of electrosupply; d) Activity of the CLIENT on administration of the Virtual server, including the maintenance{contents} stored{kept} and placed on the Virtual server of the CLIENT of materials or the maintenance{contents} of the electronic messages delivered during using by Service from addresses belonging to the CLIENT; e) Problems of the software which has been not created baltnic (including used by the CLIENT); f) Distribution of viruses; g) Discrepancy of Service to needs{requirements} of the CLIENT; Except for cases when such responsibility is assigned on baltnic by the law, and the damage is caused deliberately or owing to a rough negligence. 8. A payment for Service The CLIENT pays baltnic for rendering of Service the established payment baltnic exposes to the CLIENT for Service of the account in the stipulated terms. The account is exposed irrespective of, whether the CLIENT service actually used. The CLIENT pays the accounts showed{presented} for Service within 10 calendar days from the date of their reception. baltnic have the right to suspend immediately rendering of Service if the CLIENT has stitched the stipulated term of payment of the account more than for 10 days. Service is paid in the form of advance payment. The money paid by the CLIENT for services, do not come back if baltnic has not broken the treaty provision. 9. Messages Messages of the CLIENT and baltnic, connected with the present Contract, should be transferred in the form admitting written reproduction (including by mail, by fax and e-mail), except for cases when the message has общеинформативный character and does not influence rights and duties of the Parties{Sides}. 10. Confidentiality The parties{sides} are obliged to store{keep} commercial and other secrets of other Party{Side} if they get at disposal of the Party{Side} during rendering Service, except for cases when the duty of the message of data is stipulated by the law. The above-stated position remains in force also after the termination{discontinuance} of the Contract. 11. The contact data At the conclusion of the Contract the data transferred{handed} during the conclusion of the Contract to other Party{Side} are considered as the contact data of the Parties{Sides}. The party{side} undertakes to inform immediately each other on change of the name, the address of the location of a/residence in the form admitting written reproduction. 12. Term, change and the termination{discontinuance} of the Contract The contract is made is termless. To the Contract the requirement of the minimal term is not applied. In case of cancellation of the Contract under the initiative of the CLIENT, the Contract is considered stopped from the moment of when the CLIENT has sent in baltnic the message in which the CLIENT asks to stop rendering to it{him} Services and in which the client code received at registration is specified. In case of the termination{discontinuance} of the Contract under initiative CLIENT term of the prior notification makes 30 days. 13. The used legislation, the resolution of disputes and a limitation period In questions of interpretation and application of the CONTRACT the legislation of Estonia is applied. The PARTIES{SIDES} resolve arising disputes by negotiations. In a case inpossible agreements disputes are resolved in the Tallinn city court. Limitation period of requirements under the Contract - one year. NB! It is informal translation! In the original the Contract is made in the Estonian language. All disputes are resolved on the basis of the text of the original. baltnic = New Baltic Dream OU