User agreement for the "Infra" service
This document is an official offer of Mail.ru LLC (hereinafter referred to as the "Contractor") to conclude a user agreement (hereinafter referred to as the "Agreement") with you (hereinafter referred to as the "Customer") on the provision of services for providing access to the Infra virtual infrastructure Service within the Platform "VK Cloud Solutions" (hereinafter referred to as the "Platform"), on the terms set out in this Agreement, which is available on the Internet at: https://mcs.mail.ru/infra .
Site - an Internet site located at https://mcs.mail.ru/ , providing the Customer with access to the Service. The Contractor posts on the Site information that is binding on the Customer.
The VK Cloud Solutions Platform (Platform) is a computer program available to the Customer through the Website and operated by the Contractor, which provides the Customer with access to the selected Services.
Virtual Infrastructure Service (Service) - a service of the Contractor, known under the name "Virtual Infrastructure Service" (Infra), consisting in presenting the Customer with the possibility of creating virtual servers and virtual disks on the Contractor's servers.
Content - electronic documents, graphics, photographs, scripts, texts, videos, music, sounds, computer programs and other objects (files) uploaded by the Customer posted on the Service.
Prohibited Content - any Content described in clause 2.8. of this Agreement, as well as other materials, the use of which is prohibited by the Applicable Rules.
Service unavailability (Downtime) - the time interval from the moment the Customer sent a message to the Contractor's support service by e-mail to email@example.com or through the feedback form in the personal account, the fact of which was subsequently confirmed by the Contractor, and the moment the Service was resumed after the completion of the restoration work by the Contractor.
Compensation - the amount to be credited to the Customer's Personal account in the case of Downtime in the manner prescribed by this Agreement. Compensation does not imply payment of funds to the Customer.
The reporting period is a calendar month.
Applicable rules - the rules for using the Contractor's Service, available on the Internet at: https://mcs.mail.ru/infra, containing the conditions for access and use of the Service and set out in the following documents:
In the event that this Agreement uses terms that are not defined in Section 2 of this Agreement, the definitions of these terms of the Applicable Rules are used.
2.1. Under the terms of this Agreement, the Contractor provides the Customer around the clock, with an Internet connection, a "Virtual Infrastructure Service" (Infra) (hereinafter referred to as the Service), which allows the Customer to create virtual servers and virtual disks on the Contractor's servers, and the Customer undertakes to pay for the Contractor's services for using the provision of access to the Service in the amount and in the manner determined by the Applicable Rules.
2.3. With each access and / or actual use of the Service, the Customer agrees to the provisions of this Agreement and the Applicable Rules as amended, which were in effect at the time of the actual use of the Service.
2.4. The applicable rules, including this Agreement, may be changed by the Contractor at any time without any prior notice to the Customer. Any such changes take effect on the day following the day such changes are posted on the Site. The Customer undertakes to independently check the Applicable Rules for changes. Failure by the Customer to take steps to familiarize himself with the Applicable Rules and / or the revised edition cannot serve as a reason for the Customer's failure to fulfill his obligations related to the use of the Platform and the Service. The Customer has the right to refuse to accept changes and additions to the Applicable Rules, which means the Customer's refusal to use the Platform and / or the Service.
2.5. To use the Service, the Customer undertakes to ensure that the technical and software capabilities of the Customer comply with the requirements of the Contractor, which are available on the page at the link https://help.mail.ru/mcs and may be updated from time to time.
2.6. Functionality of the Service, use of the Service:
2.7. The placement of the Content on the Contractor's servers and its use must not violate any applicable law, in particular, the Customer is not entitled to:
- upload, store, transfer, provide access to other persons or otherwise bring to the public knowledge (post on the Service) Content and other results of intellectual activity of rightholders in the absence of the explicit consent of these persons and / or the required amount of rights to such actions;
- upload, store, transfer, provide access to other persons to the Content prohibited by applicable law, or the Content, the storage or use of which requires obtaining special permissions from authorized bodies or persons, if the Customer does not have the appropriate permissions.
The content described in this clause is hereinafter referred to as “Prohibited Content”.
The Contractor has the right to monitor the Content in order to verify that the Customer complies with the requirements of this Agreement for the Content and to prevent the Prohibited Content. The Customer undertakes not to create obstacles for the Contractor in the implementation of such monitoring, while he has the right to use tools to preserve the confidentiality of the Content (such as encryption, firewalls).
3.1. The Contractor undertakes:
3.1.1. Provide the Customer with the opportunity to use the Contractor's Service.
3.1.2. Ensure constant, round-the-clock availability of the Service to the Customer, if there is an Internet connection.
3.1.3. Provide technical support to the Customer.
3.1.4. Not to disclose the Customer's data, except as otherwise provided by the legislation of the Russian Federation, this Agreement and the Applicable Rules.
3.2. The Contractor has the right:
3.2.1. Block access to the Service and to the Customer's Content if the Contractor becomes aware of a violation of the rules for posting Customer's Content, the terms of this Agreement, Applicable rules or legislation of the Russian Federation.
3.2.2. In a notifying, unilateral manner, amend the Applicable Rules.
3.2.3. Require the Customer to provide information and documents confirming the compliance of the Content with the requirements of this Agreement.
3.2.4. Block or remove Prohibited Content on your own initiative, as well as at the request of authorized government agencies. Any losses caused to the Customer in connection with the removal of the Prohibited Content by the Contractor are not reimbursed by the Contractor.
3.3. The customer undertakes:
3.3.1. Pay for the services of the Contractor in accordance with the terms of this Agreement.
3.3.2. On a regular basis, independently familiarize yourself with the current version of the Applicable Rules and comply with them in full.
3.2.3. Be responsible for your actions and / or inactions on the use of the Contractor's Service.
4.1. The use of the Services is paid. The Contractor, in order to determine the cost of using the Service, sets the price and the corresponding list of services in accordance with the Tariffs.
4.2. The tariff is set by the Contractor and communicated to the Customer. The current Tariffs are posted on the following pages: https://mcs.mail.ru/infra/ , https://mcs.mail.ru/containers/ https://mcs.mail.ru/bigdata/ . The tariff can be changed by the Contractor unilaterally, which is brought to the attention of the Customer by updating the information on the pages: https://mcs.mail.ru/infra/ , https://mcs.mail.ru/containers/ https: // mcs.mail.ru/bigdata/ . The Contractor can unilaterally change the Tariffs that are applied from the Reporting period following the period in which the Tariffs were changed.
In the absence of funds on the Personal balance (account) of the Customer to write off the cost of services for providing access to the Service (hereinafter - Zero balance), the Customer's access to the Service and files is terminated.
4.4. If the Customer has a Zero balance, the Contractor has the right to delete files that occupy disk space with prior notification of the Customer by e-mail to which the Project is registered.
4.5. To restore access to the Service, the Customer must replenish funds on his Personal Balance (account) in the amount necessary to pay for services in the amount required for the Customer in accordance with the Tariffs in force at the time of the payment.
5.1. The extent of the Contractor's liability is limited solely by the relevant Applicable rules posted on the Site in the section https://help.mail.ru/mcs/legal/ .
5.2. The lost profit of the Customer is not subject to compensation by the Contractor.
5.3. The Contractor is not liable to the Customer for blocking access to the Customer's Content, or destroying the Content if the Contractor has received relevant claims from third parties, or warnings, instructions or other acts of state authorities in relation to the Customer's Content.
5.4. The Contractor is not responsible for any violations of the current legislation that have or may take place on projects implemented by the Customer. In the event of claims against the Contractor from third parties in connection with such violations that have occurred, the Customer is obliged to release the Contractor from liability and settle such claims independently, all losses incurred by the Contractor through the fault of the Customer, in full, including, but not limited to: settlement of claims, disputes, enforcement of sanctions by state authorities, must be reimbursed to the Contractor, if any.
6.1. The Customer guarantees that his Content posted using the Contractor's Service does not contain information and images of a pornographic nature, does not promote violence, racial, sexual, religious or other forms of inequality, or other activities expressly prohibited by the legislation of the Russian Federation, does not violate copyright laws. law and other applicable legislation, as this may affect the reputation of the Contractor.
6.2. The Customer guarantees that the placement of the Customer's Content takes place in compliance with the conditions of the current legislation of the Russian Federation.
6.3. The forms of the Customer's use of images, texts, names, emblems and symbols of the Contractor must be agreed with the representatives of the Contractor.
6.4. The Contractor guarantees that the services for providing access to the Service are provided 24 (twenty four) hours a day, 7 (seven) days a week.
6.5. The Contractor reserves the right to interrupt the work of the Service to carry out the necessary maintenance work, including on weekdays. Such cases will not be considered interruptions in the provision of services if the Contractor notifies the Customer in advance 24 (twenty four) hours before the start of preventive work, entailing interruptions in the operation of the Service, by publishing relevant information on the Site (including the duration of preventive work). The time of unavailability of the Service associated with the maintenance work is not subject to compensation according to the rules of clause 6.6. Agreements.
6.6. The unavailability of the Service ("Downtime") is defined as the time interval from the moment the Customer sends a message to the Contractor's support service through the feedback form available in the Personal Account containing a notification about the unavailability of the Service, or by e-mail to the address: firstname.lastname@example.org. ru , the fact of which was subsequently confirmed by the Contractor, and the moment the Service was resumed after the completion of the restoration work by the Contractor. If the Contractor has his own data on the beginning of Downtime, indicating an earlier start time of the Service's unavailability than the time of sending an e-mail message to email@example.com or the feedback form in his personal account, the Contractor may use such data. Disagreements about the start and end times of Downtime are resolved through negotiations between the Parties. If Downtime began in one Reporting Period and ended in the next Reporting Period, then the unavailability of the Service fully refers to the Reporting Period in which most of Downtime took place.
6.7 If the Service is unavailable, the Contractor undertakes to transfer Compensation to the Customer (credited to the Personal Balance (account)), the amount of which is determined on the basis of the table below (hereinafter - Table No. 1):
|Availability time (in%) *||Unavailability time (min. Or hour) in one Reporting period in total||Compensation Amount|
|99.95% and above|
less than 22 minutes
|99.9% -99.95%||from 22 to 45 minutes||3% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|99.0% - 99.9%||from 45 minutes to 7.5 hours||10% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|95.0% -99.0%||from 7.5 hours to 36 hours||20% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|90.0% - 95.0%||from 36 hours to 73 hours||25% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|less than 90%||more than 73 hours||50% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
* Calculated based on 43 800 minutes in the Reporting Period
6.8 In any cases of violation of the guarantees of the level of the Service, the Customer undertakes to cooperate with the Contractor to determine the source of problems, eliminate it and restore the serviceability of the Service or deleted / damaged Content.
6.9. Compensation is calculated automatically based on the Contractor's statistics. The Compensation amount is transferred to the Customer's account in the amount determined on the basis of the rules of clause 6.7. of this Agreement within 7 (seven) business days from the beginning of the Reporting Period following the one in which the events that served as the basis for the Compensation took place.
6.10. The amount of the Compensation during the Reporting Period on both grounds specified in cl. 6.6. and 6.7. Of the Agreement, cannot exceed the amount of funds paid by the Customer for the Reporting Period in which the events took place that served as the basis for Compensation.
6.11. The unavailability of the Service caused by the actions of the Customer or third parties, or by force majeure circumstances that led to the inaccessibility of services is not subject to Compensation; suspension of the provision of services associated with the planned maintenance work, as defined in clause 6.5. present agreement; suspension of the provision of services at the request of state or municipal authorities in cases and in the manner specified by applicable law. The Contractor under no circumstances shall reimburse the Customer of the Service for indirect losses, including lost profits and damage to business reputation.