User Agreement 1. Terms and definitions 2. Acceptance of the agreement 3. Subject of the agreement 4. Service procedural formalities 5. Rights and liabilities of the parties 6. Limits and prohibitions for the users 7. Settlements between the parties 8. Liabilities of the parties 9. Intellectial property 10. Settlement of disputes 11. Validity of the agreement

USER AGREEMENT

The User Agreement (hereinafter referred to as "Agreement"), developed as required by applicable law of the Russian Federation, stipulates and regulates the main terms and procedures of use of the Website archivarix.com, rules and terms of providing services for the Website Users, reciprocal rights and duties of the Website Administration and the User, Usage limitations, as well as grounds for Users prosecution in case of violation of the Website usage rules.

The User and the Website Administration are named jointly "Parties" and individually "Party" hereafter in the Agreement.

The Agreement refers to an unlimited number of both legal entities and natural persons having legal capacity and capability (passive dispositive capacity and legal personality) in accordance with the applicable legislation of the Russian Federation which is sufficient and permissive for participating in the Website use and in relationship with the Website Administration regulated by the civil legislation on the terms stipulated in the Agreement.

Due to the impossibility of objective preliminary moderation/premoderation (the User authentification) by the Website Administration of the information about the Users, it is confirmed, guaranteed, and acknowledged by the Users and presumed that they have the right and legal capability and capacity (passive dispositive capacity and legal personality) which is sufficient for the Website use and participating in relationships with the Website Administration, and in case if a legal entity agent or employee stands in for the User, it is admitted and confirmed that the agent and employee accordingly are authorized sufficiently to act on the behalf of such a legal entity. Actions undertaken by such an agent or an employee are considered to be the actions undertaken by a legal entity itself.

The Agreement shall be a legally obligatory document for all the Users using the site as intended. Every User is obliged to get acquainted with the Agreement before starting using the Website.

The Website Use shall be permitted on terms of the Agreement only. If the User disagrees with the terms and conditions of this Agreement the User shall not be entitled to use the Website for any purpose. The Website Use that violates (or fails to observe) any terms and conditions of the Agreement shall be forbidden.

  1. TERMS AND DEFINITIONS
    1. For the purposes of this, below mentioned terms of the Agreement are used in the following meaning:
      1. The Website is the result of intellectual activity that represents a composite work published in the Internet under a certain network address (domain, domain name, subdomain) and includes software that provides its technological and technical operation, graphical solution (design, order arrangement of the elements, color palette and etc.), content, namely textual information, photographic images, pictures, video, audio and more, united by the single purpose and meaning and presented as web pages. The Website in the text of this Agreement is the Website owned by the Website Administration published in the Internet under the domain name (domain, subdomain, address) - archivarix.com, as well as integrated subdomains and derivative web pages.
      2. The Website Administration is the owner of this web site who holds the rights of the use, administration and management of the Website, provides the Website for Users’ operation and renders services for the Users stipulated by the Agreement and described directly on the Website itself or determined by functionality of the Website. On the Website, there is an authorized representative (moderator) acting on behalf of the Website Administration and appointed directly by the Website Administration.
      3. The User is a natural person, who is a recipient or a potential recipient of the services provided by the Website Administration described directly on the Website or determined by functionality of the Website.
      4. E-mail is a specific technology providing transfer and receiving of digital messages, mails, files, documents, etc. via Internet.
    2. The definitions which are not stipulated in Item 1.1. of this Agreement may be used in the Agreement. In such cases, the definitions shall be interpreted in accordance with the text and sense of this Agreement. In case if no unambiguous explanation of a definition is provided the Agreement, following information sources must be used: firstly, explanation of terms given on the Website including but not limited to the other legal documentation posted on the Website must be used in the first place; secondly, business practice in the corresponding field of activity; thirdly, provisions of the current law of the Russian Federation.
    3. All definitions stipulated by Item 1.1. of this Agreement may be used both in singular, and in plural without changing their meaning.
    4. All the definitions of this Agreement are formulated for convenience only and can’t influence legal significance of the particular provisions of the Agreement.
  2. ACCEPTANCE OF THE AGREEMENT
    1. Acceptance means reading, acquaintance of, understanding each term and condition on the whole and with reference to each other, and the full, peremptory, and irrevocable acceptance by the User of all the statements, terms, conditions, and requirements stipulated in the Agreement.
    2. By accepting the Agreement, the User undertakes to observe all rules stipulated in the Agreement. Acceptance of the Agreement means reading, acquaintance of, understanding each term and condition on the whole and with reference to each other, and the full, peremptory, and irrevocable acceptance by the User of all the statements, terms, conditions, and requirements stipulated in the Agreement.
    3. Since the moment of accepting this Agreement, the User shall be considered to have accepted the rules stipulated in the Agreement and obliged to participate in the relations with the Website Administration on rendering services described in the Agreement, and\or on the Website, and\or stipulated by functionality of the Website.
    4. Acceptance of the Agreement is exercised by the User's implicative (actual) actions proclaiming his intention, will, and wish to participate in the relationship with the Website Administration and receive services by the latter. Within this Agreement, filling in the application form on the Website, in particular filling in a domain (subdomain), e-mail address, pressing a Restore Button and ticking 'Agree' to accept the terms and conditions of the User Agreement' at the special place on the Website shall be recognized as acceptance of the Agreement when using the Website.
    5. Additionally and separately from the mentioned above payment of the services rendered by the Website Administration on compensated basis is admitted and considered to be acceptance of the Agreement.
  3. SUBJECT OF THE AGREEMENT
    1. The object of this Agreement is stipulating the main terms and conditions of the Usage of the Website mentioned in clause 1.1.1. of this Agreement, the main rights and duties of the Users and the Website Administration as well as liability for violating the terms and conditions of this Agreement.
    2. Within this Agreement, the Website Administration shall make the Website available for the Users in accordance with its functionality and way of application.
    3. The Website is focused on and applied for creation of application forms for studying the content of web sites in open (public) access or earlier were in open (public) access on the Internet.
    4. The Website administration renders services on automatic structuring and systematizing of the website content which is in open (public) access or earlier was in open (public) access in the Internet.
    5. The Website Administration shall not sell web sites, content of web sites, domains, subdomains, etc. The Website administration only renders services on automatic structuring and systematizing of the website content which is in open (public) access or earlier was in open (public) access in the Internet. The Website Administration acquires the corresponding content from the publicly available sources, in particular from http://web.archive.org/.
    6. The result of the Website Administration services rendering shall be sending a zip-archive (or an archive of any other format) with the content to the e-mail address filled in by the User which are in public access or earlier was in public access in the Internet.
    7. Within the text of this Agreement, the content shall be understood as textual information, screenshots, photographs, pictures, formulas, etc. contained on web sites which are currently in open (public) access or earlier ware in open (public) access in the Internet.
    8. The Agreement may not be considered to be establishment of agency relationships, companionship, cooperation relationships, employment relationships, and other relationships between the Website Administration and the User which are not explicitly set out in this Agreement. The Website Administration shall not be the Users' agent and shall not act as a mediator between the parties.
    9. The User is hereby non-exclusively licensed to use the Website (its software) in the ways and to an extent corresponding to the Website application and stipulated by the Website Administration (including the ways of stipulating corresponding Website functionality).
    10. On the basis of agreement between the Parties, this User Agreement may be signed and stamped in written by the Parties’ authorized deputies. Upon a request from the corresponding Party, the Website Administration undertakes to submit the Service Provision Report or any other closing documents regarding to the services rendered by the Website Administration.
  4. SERVICE PROCEDURAL FORMALITIES
    1. Website Administration provides services to the User after the latter draws up an Application Form on the Website as follows:
      • specify domain (subdomain) of the website and email address;
      • press "Restore" button;
      • in the first letter received on the specified E-mail, the User must confirm restoration by clicking the mentioned active link;
      • in the second letter received on the specified E-mail, the User must click the active link and download zip-archive (or archive in other format).
      In cases when amount of content available for processing and restored by the User exceeds standard amount of content available for free, in order to complete restoration process, User is obliged to pay for this exceeding amount according to the established tariffs of the Website Administration. Standard amount of free content available shall be determined by the Website Administration at its own discretion with indication on the Website.
    2. The Website Administration is entitled at its own discretion to carry out preliminary moderation (check) of the Application Form drawn up by the User.
    3. The Website Administration has a right, in its own discretion, without explaining a reason, to refuse servicing the User.
    4. The Website Administration doesn't guarantee the User the availability of any content on the website which is currently in open (public) access or earlier was in open (public) access in the Internet.
    5. The User understands and agrees that there may be cases when content on a website which is currently in open (public) access or earlier was in open (public) access in the Internet may not be suitable for use by the correspondent User. With this, the User is obliged not to make claims or demands to the Website Administration for the specified part.
    6. The Users draw up the Application Form voluntarily and at their own discretion.
  5. RIGHTS AND LIABILITIES OF THE PARTIES
    1. Rights and liabilities of the Website Administration:
      1. The Website Administration is obliged to render services to the Users in proper manner and according to provisions of this Agreement.
      2. The Website Administration is obliged to consult the Users on any technical issues of the website use upon the requests of the latter.
      3. The Website Administration is obliged to check any reasoned claims by the Users.
      4. The Website Administration is obliged to maintain the Website in operational condition.
      5. To fulfill its obligations under this Agreement the Website Administration is entitled to engage third parties remaining responsible for the actions and decisions made by them as for its own.
      6. The Website Administration is entitled to perform scheduled maintenance of the Website for which reason the Website can be unavailable for use in the specified time.
    2. Rights and liabilities of the User:
      1. The User is obliged to pay for chargeable (compensated) services provided by the Website Administration according to service and tariffs established by the Website Administration and specified on the Website or determined by the Website functionality.
      2. The User is obliged to immediately inform the Website Administration about any objection against quality of the services. However, the absence of reasoned claims by the User against the Website Administration is deemed as confirmation of appropriate services rendering by the Website Administration.
      3. The User is obliged to independently and timely familiarize himself with all information published on the Website and any notifications received by him via E-mail.
      4. The User is obliged to comply with limits and prohibitions set by this Agreement.
      5. The User is entitled to use the Website by any means stipulated by the Website Administration.
      6. The User is entitled to receive information, informative notifications and messages via E-mail or by phone.
  6. LIMITS AND PROHIBITIONS FOR THE USERS
    1. The User is prohibited:
      1. To publish any information on the Website that violates the requirements of the applicable law, including, but not limited to, the information that contains insults and threats, discredits third parties, violates public order as well as rights of citizens to privacy, is indecent in it nature; contains obscene (swear) words and phrases; violates to various extent honor and dignity and rights and legitimate interests of the third parties; contains or contributes to appeal to foment religious, inter-ethnic or racial discord, contains attempts of inciting animosity or incitement to violence.
      2. To publish any information on the Website that contains pornographic materials, materials containing vulgarity or having vulgar tendency, showing cruelty to animals, describing methods and means of suicide and abetment to it, "pirate content", other materials that according to law regulations, including international law regulation, are considered as violation and limited and/or prohibited for use in some form or other.
      3. To register himself on the Website using name of the third person without any authorization for it, provided to the User by such person.
      4. To distribute or arrange distribution on the Website of harmful files and software (viruses, trojans, temporary bombs, "warms" or other similar programs, that can harm or cause disposal /distortion of the information from the Website).
      5. To perform collection, search and systematization of data by other Users by using software ("bots") without any documented authorized approval by the Website Administration.
      6. To make attempts of unauthorized access to the personal accounts of other Users or obtaining information about their passwords.
      7. To perform illegal collection and processing of personal data of other Users;
      8. To violate rights of other Users in terms of availability of the Website.
  7. 7. SETTLEMENTS BETWEEN THE PARTIES
    1. Services which are subject of this Contract as well as specified and described on the Website may be rendered by the Website Administration both on chargeable (compensated) and free (uncompensated) basis. The Website Administration also, in its sole discretion, defines conditions of compensated/uncompensated basis of rendering any service on the Website (provision of any ability for Users to operate the Website).
    2. List of chargeable services and their tariffs are defined by the Website Administration itself and specified on the Website or defined by the Website functionality. Services not regarded as chargeable according to the Website functionality are rendered on free (uncompensated) basis.
    3. Website Administration service payment terms are 100% (full) prepayment if other is not defined by the Website Administration on the Website or in personal message forwarded to the User.
    4. Website Administration services can be paid in User's discretion by following means if allowed by Website functionality:
      1. Wire money transfer by their allocation to the Website Administration banking account;
      2. E-money transfer to the Website Administration digital wallet.
      3. Other ways of payment defined by the Website functionality.
    5. The date of payment shall be deemed to be:
      • the date of receiving of money on the Website Administration; or
      • the date of transferring money to the Website Administration digital wallet; or
      • any other moment indicating that User fulfilled his obligations towards the Website Administration.
    6. Fees charged by payment systems, credit organizations, etc., shall be paid at User's expense if other is not stated by the Website Administration.
    7. In case if impossible to render a chargeable service, money received by the Website Administration for such service shall be refunded to the User within 30 (thirty) business dates from the date of receiving of corresponding written notification by the User.
    8. Website Administration is entitled to change services prices in its sole discretion by placing new tariffs on the Website without giving reason and prior notification of Users. Specified tariffs shall be effective from the moment of their publishing on the Website if other is not specified by the Website Administration during publishing.
  8. 8. LIABILITIES OF THE PARTIES
    1. If failed to fulfill or in case of negligent fulfillment of their obligation, Parties shall be liable as stipulated by the current legislation.
    2. Services provided by the Website Administration shall be rendered as is. Thereat, Website Administration shall not be liable in any form if provided services don't comply with User's tasks, goals or/and requests/interpretation.
    3. User shall be liable and completely take risk of all negative consequences:
      • For reliability, relevance, completeness and complying of the provided information with Russian legislation.
      • For possibility of legal liability for use of results of third parties' intellectual activity.
      • Other risks and negative consequences that may occur during provision of the services.
    4. Due to aspects of Website functionality and purpose, the Website Administration shall not be liable for actions of Users as well as for results of such actions, including the cases when they are followed by infringement of rights of third parties and/or current legislation regulations.
    5. Website Administration shall not be liable for negligent fulfillment of obligations by third parties: in particular, by payment system, credit organizations (banks), hosters and providers, mobile communications providers, etc.
    6. Parties shall not be liable for breaching terms of this Contract if such breach is caused by force-majeure (circumstances beyond reasonable control). The Parties agree that such circumstances shall be actions of governmental and local authorities, fire, flood, earthquake and other natural disasters, absence of electricity and/or computer network failures, strikes, civil disturbances, riots. In case of force-majeure, agreed obligation fulfillment terms specified in the Contract shall be delayed while such circumstances have place.
  9. INTELLECTUAL PROPERTY
    1. The Website is the result of intellectual activity; exclusive rights for the Website shall be owned by the Website Administration: in particular, for software used for Website operation, graphical solution (design) of the Website, content published by the Website Administration on it (articles) and other results of intellectual activity: in particular, photos, images, etc.
    2. The User hereby admits exclusive rights of the Website Administration for the Website and all elements included in it, and the User is obliged to strictly observe these rights.
    3. In case of breach of the exclusive rights for the Website owned by the Website Administration, in particular, of the intellectual activity results included in the Website, the Website Administration shall be entitled to take measures stipulated by current legislation.
    4. Content of websites which are in open (public) access or were in open (public) access earlier in the Internet, shall be the result of intellectual activity. The User is obliged, on individual basis without involving the Website Administration, to make corresponding agreements or get respective approval for use of contents from its owners. The User is obliged, on individual basis, without involving the Website Administration, to settle all conflicts and disputes with copyright owners.
  10. SETTLEMENT OF DISPUTES
    1. The Website Administration and User hereby establish extrajudicial dispute settlement procedure in their relationship. Term of response to a made claim shall be 10 (ten) business days from the moment of receiving.
    2. In case if failed to achieve an agreement on disputable matter, the dispute arising from this Agreement shall be settled by judicial process: by a peace commissioner, or in district court, or in arbitration court depending on jurisdiction and justiciability of the dispute according to the current legislation on the Website Administration location.
    3. In all cases, the substantive and legal laws of the Russian Federation shall be applicable in case of disputes and conflicts.
  11. 11. VALIDITY OF THE AGREEMENT
    1. This Agreement shall be effective from the moment of publishing it on the Website in Internet.
    2. This Agreement was published for an indefinite period and shall become invalid when terminated by the Website Administration.
    3. In case of changes in the Agreement, such changes shall be effective from the moment of publishing new revision of the Agreement on the Website, if other effective date is not additionally defined at publishing. Website Administration is entitled to make changes in the Agreement text in its sole discretion.
    4. The User is obliged to monitor changes in provisions of this Agreement on individual basis and shall be liable for negative consequences resulted from failure to fulfill such obligation.
    5. In case if the User is not agree with respective changes, the User is obliged to stop using the Website and reject the services provided by the Website Administration. Otherwise, if the User keeps using the Website, it means that the User accepts provisions of the new revision of the Agreement.
    6. Current version of the Agreement is available on the Website at the address: https://en.archivarix.com/terms/.
    7. This Agreement was made in Russian. In case of any inconsistency between Russian and translated version of the Agreement, provisions of the Russian version shall prevail and be directly applicable.