User agreement for the service "Cloud for hot data" (Hotbox)
This document is an official offer of Mail.ru LLC (hereinafter - the "Company") to conclude a user agreement (hereinafter - the "Agreement") with you (hereinafter - the "Customer") on the provision of services for providing access to the Service "Cloud for Hot Data" within the framework of the Mail.Ru Cloud Solutions Platform (hereinafter referred to as the Platform), on the terms set forth in this Agreement, which is available on the Internet at: https://mcs.mail.ru/hotbox .
1. Terms and definitions.
Site - an Internet site located at https://mcs.mail.ru/ , providing the Customer with access to the Platform and the Service. The Company places information on the Site that is mandatory for Customers.
Cloud storage for hot data (Service) is a service of the Company, known as "Cloud for hot data" (HotBox), consisting in providing the Customer and Users with the opportunity to post Content on the Company's servers, use, reproduce, modify and delete such Content by using programs for computers, allowing to organize the work of the Service and the activities of Users to work with the Content.
The Company's services may include the provision by the Company of the rights to use certain computer programs that are necessary for the full use of the Service. The specified computer programs can be used by the Customer and Users only as part of the service to provide access to the Service, cannot be transferred to third parties and used outside the Service.
Content - electronic documents, graphics, photographs, scripts, texts, videos, music, sounds and other objects (files) uploaded by the Customer or Users posted on the Service.
Prohibited Content - any Content described in clause 4.1. of this Agreement, as well as other materials, the use of which is prohibited by the Applicable Rules.
A bucket is a disk space with files.
Unavailability of the Service (Downtime) - the time interval from the moment the User sent a message to the Company'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 Company, and the moment the Service was resumed after the completion of the restoration work by the Company.
Compensation - the amount of funds transferred by the Company to the User in case of violation of the guarantees of the level of the Service or in case of loss / damage to the Content as a result of an accident due to the fault of the Company.
The reporting period is a calendar month.
2. Subject of the agreement, conditions for obtaining access to the Service
2.1. Under the terms of this Agreement, the Company provides the Customer with the Hot Data Cloud Service (hereinafter referred to as the Service) around the clock, provided that the Customer is connected to the Internet, which allows the Customer to place Content on the disk space of the Company's servers by using computer programs, including viewing, changing, deleting Content, manage access to it by other persons (Project Users, third parties) and perform other actions with the Content provided for by the functionality of the Service, and the Customer undertakes to pay for the Company'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 with the provisions of this Agreement, as well as with other Applicable rules, as amended, which were in effect at the time of the actual use of the Service. At the same time, the Customer guarantees that with each access and / or actual use of the Service by the User of the Project, which is created by the Customer, such User is familiar with the Rules for end users and agrees with them in the version in effect at the time of the actual use of the Service by the User.
2.4. The applicable rules, including this Agreement, may be changed by the Company 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 basis for the Customer's failure to fulfill his obligations related to the Use of the Platform and individual Services. 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 relevant Services.
2.5. To use the Service, the Customer undertakes to ensure that the technical and software capacities of the Customer comply with the Company's requirements, which are available on the page at the link https://help.mail.ru/hotbox-help/ and may be updated from time to time.
3. Functionality of the Service, use of the Service
3.3. The User of the Service can provide access to other Users of the Service to files and / or Buckets with files indicating the scope of the granted rights.
3.4. The Service user who has gained access to the Bucket can use the files included in such Bucket to the extent of the rights granted to him.
4. Rights and obligations of the Parties in connection with the use of the Content
4.1. The placement of Content on the servers of the Company and its use must not violate any applicable law, in particular, the Customer and / or Users are 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, 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”.
4.2. The Company has the right to require the Customer to provide information and documents confirming the compliance of the Content with the requirements of this Agreement.
The Company has the right to monitor the Content in order to verify that the Customer and Users comply with the requirements of this Agreement for the Content and to prevent Prohibited Content. The Customer undertakes not to create obstacles for the Company in the implementation of such monitoring, while he has the right to use tools to maintain the confidentiality of the Content (such as encryption, firewalls).
4.3. The Company has the right to block or remove Prohibited Content on its own initiative, as well as at the request of authorized government agencies. Any losses incurred by the Customer in connection with the removal of the Prohibited Content by the Company will not be reimbursed by the Company.
5. Cost of services
5.1. The use of the Service within the Platform is Paid. In order to determine the cost of using the Service, the Company sets the price and the corresponding list of services according to the Tariffs.
5.2. The tariff is established by the Company and communicated to the Customer. The current Tariffs are posted on the page: mcs.mail.ru/hotbox. The tariff can be changed by the Company unilaterally, which is brought to the attention of the Customer by updating the information on the page: mcs.mail.ru/hotbox. The Company may unilaterally change the Tariffs that are applied from the Reporting Period following the period in which the Tariffs were changed.
6. The end of the service and the consequences of violation of payment terms
6.1. In the absence of bonuses / funds on the Bonus and / or Personal balance (account) of the Customer to write off the cost of services for providing access to the Service (hereinafter - Zero balance), the access of the Users of the Service / Platform to Buckets and files is terminated.
6.2. With a zero balance of the Customer, the Company has the right to delete files that take up disk space with prior notification of the Customer by e-mail, to which the Project is registered.
6.3. 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.
7. Responsibility in case of service interruptions (Service level guarantees)
7.1. The Company guarantees to the User that the services for providing access to the Service are provided 24 (twenty four) hours a day, 7 (seven) days a week.
The Company guarantees the continuous operation of the Service, provided that the Customer observes its permissible functional capabilities, that is, when no more than 100 (one hundred) calls to the Service are made per second. An increase in the functionality of the Service (volume of performance) is possible by signing a separate agreement between the Customer and the Company. The Customer has the right to inform the Company about his desire to conclude such an agreement by sending a request by e-mail to firstname.lastname@example.org .
7.2. The Company reserves the right to interrupt the operation 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 Company notifies the User 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 maintenance work is not subject to compensation according to the rules of this section of the Agreement.
7.3. The unavailability of the Service (Downtime) is defined as the time interval from the moment the User sends a message to the Company's support service through the feedback form available in the Personal Account containing a notification about the unavailability of the Service, or an e-mail message to the address: email@example.com , the fact of which was subsequently confirmed by the Company, and the moment the Service was resumed after the completion of the restoration work by the Company. If the Company has its own data about the beginning of Downtime, indicating an earlier start time of the Service's unavailability than the time of sending an e-mail message to firstname.lastname@example.org or the feedback form in the personal account, the Company may use such data. Disagreements about the start and end times of Downtime are resolved through negotiations between the Parties. If Downtime started 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.
If the Service is not available, the Company undertakes to pay the User Compensation, the amount of which is determined on the basis of the table below (hereinafter referred to as the Table):
|Availability time (in%) *||Time of unavailability (min. Or hour) in one Reporting period in total||Compensation Amount|
|99.95% and above||less than 45 minutes||not paid|
|99.9% -99.95%||45 minutes to 7.3 hours (438 minutes.)||3% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|99.0% - 99.9%||from 7.3 to 36 hours||10% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|95.0% -99.0%||from 36 to 73 hours||20% of the amount debited from the Personal Balance for the Reporting Period in which Downtime was|
|Less than 95%||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
7.4. In case of loss / damage to the Content as a result of an accident due to the fault of the Company, the Customer is provided with Compensation in the amount of 100% of the amount debited from the Bonus and / or Personal balance (account) of the User in the Reporting period during which the loss / damage to the Content occurred.
7.5. In any cases of violation of the guarantees of the level of the Service, the Customer undertakes to cooperate with the Company to determine the source of the problems, eliminate it and restore the serviceability of the Service or deleted / damaged Content.
7.6. The Compensation is calculated automatically based on the Company's statistics. The Compensation amount is transferred to the Bonus balance (account) of the User in the amount determined on the basis of the data in Table 1 or according to the rules of clause 7.4. 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.
7.7. The amount of the Compensation during the Reporting Period on both grounds specified in cl. 7.3. and 7.4. Of the Agreement, may not exceed the amount of funds debited by the Company from the Bonus and / or Personal Balance (account) of the Customer for the Reporting Period in which the events took place that served as the basis for the Compensation.
7.8. The unavailability of the Service caused by the actions of the Customer, Users or third parties, or force majeure circumstances (such as natural disasters, civil unrest, wars, etc.) 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 7.2. 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 Company under no circumstances will reimburse the Users for indirect losses, including lost profits and damage to business reputation.