PUBLIC OFFER CONTRACT
The Individual Entrepreneur Baktasheva Anastasiya YUr'evna, hereinafter referred to as “Licensor”, grants the right to use the website (hereinafter referred to as the License) to any physical person, hereinafter referred to as the "Licensee", who has accepted this public offer contract .
In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation (CC RF), the absolute acceptance (acceptance) of the terms of this Offer Contract (hereinafter referred to as the Contract) is considered the payment under the Contract to be made by the Licensee , or sending a relevant application.
- I. GENERAL TERMS
For the purposes of this Contract, the Parties have determined the meaning of the following terms used in the text of the Contract and annexes to this Contract:
1.1. Offer , this very document, is a public offer contract and contains all the essential terms for granting a License, which is posted in the Internet at http://frigate-proxy.ru/ (hereinafter referred to as the site)
1.2. Offer acceptance is total and absolute acceptance of the offer.
1.3. Licensee is a person who has accepted (agreed to conclude the Contract) an offer.
1.4. License is the right to use the site within the period provided by the Licensor.
1.5. Offer Contract is the contract of the Licensor and the Licensee for the provision of the right to use the website, which is concluded through the acceptance of the offer.
1.6. Price List is a current systematized list of Licenses with prices published in the Annex to this offer, which is an integral part of the offer.
Read the text of the Contract carefully. Check out the license price list. The Licensor invites you to refuse to conclude the Contract if you do not agree with the terms of the Contract.
- II. SUBJECT OF THE CONTRACT
2.1. The Licensor gives the Licensee the right to use the website at http://frigate-proxy.ru/ (non-exclusive license) within the limits established by this Contract, and the Licensee undertakes to pay the Licensor the remuneration stipulated by this Contract.
2.2. The territory in which the Licensee can use the License is the whole world.
2.3. Under this Contract, the Licensor's license for the right to use the website includes:
-usage of the website functionality
-getting access to the website to use IP addresses through a proxy.
2.3. The Licensee is notified that the use and transfer of the License to third parties is prohibited without the Licensor’s consent in written form.
2.4. Before concluding the Offer, the Licensee undertakes to familiarize himself with the terms of the website usage, the personal data processing policy, as well as the terms of the Offer.
2.5. The Licensor has the right to unilaterally revise the prices for the Right to use the website. The price list comes into force from the moment of its publication.
2.6. After reading the price list, as well as the necessary information specified in clause 2.4. of the Contract, the Licensee forms an electronic application on the website.
To obtain the right to use the website functionality, the Licensee must register on the website, and also provide the following data by filling out the appropriate form presented on the website:
- name, surname, patronymic;
- contact e-mail;
- contact phone number for communication.
2.7. Based on the received application, the Licensor issues an invoice to the Licensee for full payment for the selected License in electronic form.
2.8. The right to use the website is considered to be granted from the moment the access to the website functionality (proxy) for using IP addresses has been provided.
2.9. In the Licensee's account, the provided License, its life term, and also the provided IP addresses are recorded. The Parties acknowledge that maintaining such records is a report confirming this Contract fulfilment.
III. LICENSE COST
3.1. The License cost is indicated in the price list.
3.2. When concluding the Contract, the specific List and the License cost under this Contract is indicated in the invoice provided on the website. All calculations under the Contract are made in Russian rubles, or in electronic means of payment at the rate of 1 to 1 one Russian ruble.
3.3. Payment for the License is carried out by the Licensee by making a 100% prepayment at a time by paying in the ways specified in the clause 3.5. of the Contract. The date of payment and confirmation of payment is the date of receipt of the money to the Licensor's current account, or to an electronic wallet.
3.4. The Licensee pays for the License under this Contract in the amount established by the Licensor at the price provided on the day of payment.
Payment for the License is carried out in one of the following ways:
- by payment by electronic money;
- by paying through payment terminals or Internet banking;
- by payment to the settlement account of the Licensor;
- in other ways by prior agreement with the Licensor.
In case of making a payment using a bank card, the Licensee is recommended to use a bank card issued in the name of the Licensee. In the event of a refund of the paid money, the refund is made according to the same details for which the payment was received, and on the basis of a personal application of the person in whose name the bank card was issued. Payment is not accepted upon detection of the Licensee’s violation of the terms of payment established by this Contract and the legislation of the Russian Federation.
3.6. The Licensor has the right to unilaterally revise the prices for the right to use the website. Changes in the price list come into force from the moment of their publication. The price change does not apply to the previously paid Licenses.
3.7. The Licensor may provide the Licensee with a discount.
IV.TERMS AND PROCEDURE FOR REFUNDING MONEY
4.1. Payment for the License is not refundable.
4.2. Refund can be made only by the decision of the Licensor.
4.3. The Parties agree that the Licensor is not responsible for the delay in the refund due to the fault of the payment system.
- V. PROCESSING OF PERSONAL DATA
5.1. By accepting the terms of the Offer, the Licensee agrees, in accordance with the current legislation, to the processing by the Licensor of the information provided by him and (or) his personal data, being performed by using automation tools, and without using automation tools, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, usage, transfer, provision, depersonalization, blocking, deletion, destruction of data in order to fulfill the Licensor's obligations related to the granting of a license, other obligations provided for by this Offer, as well as in order to fulfill the requirements of regulatory enactments on countering the legalization of funds obtained by criminal means. The term to use of the data provided by the Licensee is unlimited. The Licensee also agrees to process and use the information provided by him and (or) his personal data by the Licensor in order to carry out the newsletter (about the Licenses) indicated by the Licensee for an unlimited period of time until the Licensor receives a written and (or) an electronic notification of the refusal to receive newsletters. The Licensee also agrees to transfer his information, in order to carry out the actions provided for in this clause, by the Licensor to third parties in the presence of the Contract duly concluded between the Licensor and such third parties.
5.2. The licensor undertakes to take all necessary legal, organizational and technical measures that comply with the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" or to provide their adoption to protect personal data from illegal, unauthorized or accidental access to them, destruction, changes, blocking, copying, provision, distribution of personal data, as well as from other illegal actions in relation to personal data. The Licensor undertakes to apply all necessary organizational and technical measures to ensure the security of personal data during their processing.
- VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Licensor undertakes:
6.1.1. Provide the necessary information on the License. Information is posted on the website.
6.1.2. Provide consulting support regarding the Licenses being provided, the procedure and rules for completing the Application when applying, by e-mail specified in the Offer.
6.2. The Licensor has the right:
6.2.1. The Licensor owns the exclusive rights for the website
6.2.2. Unilaterally change the cost of the License notifying the Licensee about these changes.
6.3. The Licensee undertakes:
6.3.1. Independently and in a timely manner reads the terms of the License.
6.3.2. Fill in the mandatory reliable information specified in clause 2.6. of this Offer.
6.3.3. Pay for the License under the terms and at the cost indicated in the invoice.
6.3.4. Immediately notify the Licensor of the change in his contact information.
6.3.5. Do not use the license, as well as the obtained IP-addresses for the purpose of committing illegal actions, offenses, crimes.
6.3.6. Reimburse all losses in case of violation of the terms of the offer, transfer of access to the use of the site to third parties.
6.3.7. Observe the rules of using the website.
VII. RESPONSIBILITY OF THE PARTIES
7.1.In cases of non-fulfillment or improper fulfillment of their obligations under the Contract, the Parties are responsible in accordance with the legislation of the Russian Federation, taking into account the terms of this Contract.
7.2.The Licensor is not responsible in case of improper granting of the right to use the website, if the improper performance was the result of inaccuracy, inadequacy or untimely information provided by the Licensee, as well as due to other violations of the terms of this Contract by the Licensee.
7.3.The Licensor is not responsible for the discrepancy of the granted right to use the website to the expectations of the Licensee and / or for his subjective assessment, such inconsistency with expectations and / or negative subjective assessment are not grounds for considering the right to use the website to be rendered poorly, or not in the agreed volume.
7.4.The Licensor is released from responsibility for full or partial failure to fulfill the obligations provided for in this Contract, if this failure was a consequence of force majeure circumstances that has arisen after the conclusion of the Contract, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
7.5. In case of providing access to the website to third parties, or violation of the rights to use the website, the Licensee undertakes to reimburse all losses, as well as pay a penalty of 100,000 rubles. In case of non-payment of the penalty, the Licensee undertakes to pay a forfeit in the amount of 0.1% of the amount of the penalty for each day of delay in payment. Payment of the penalty does not exclude the Licensee's responsibility under the Article 1301 of the Civil Code of the Russian Federation.
VIII. SETTLEMENT OF DISPUTES
8.1. All disputes and disagreements arising in connection with the fulfilment of this Contract should be settled by the Parties through negotiations.
8.2. The parties undertake to monitor the receipt of legally significant emails on a daily basis. An electronic message is considered delivered even if it was received by the person to whom it was sent (the addressee), but due to circumstances depending on him, it was not delivered to him or the addressee did not familiarize himself with it.
8.3. The letters of claim are sent by the Parties to e-mail with the mark - "Claim" and with a reference to the Contract, or by registered post mail with a notice of delivery of the latter to the addressee at the location of the Parties specified in the Contract.
8.4. The claim procedure is compulsory, the term for consideration of the claim is 10 days from the date of receipt by the parties.
8.5. In case of failure to reach agreement between the Parties, all disputes are examined in the court at the place of registration of the Licensor.
- IX. PRIVACY AND DATA PROTECTION
9.1. This section is governed by regulatory legal acts: Federal Law of the Russian Federation on July 27, 2006. №. 152-FZ "On Personal Data", Federal Law of the Russian Federation of 27.07.2006. №. 149-FZ "On information, information technology and protection."
9.2. By concluding this Contract, the Licensee agrees to the use of information about himself (personal data), his relationship with the Licensor, his personal data, data about his business and income transferred to the Licensor as part of this Contract fulfilment, publication of materials on the fact of obtaining a License from the Licensor by means mass media - television, radio, on the Internet, print media, social networks, as well as the publication of these materials on the official website and social resources of the Licensor.
9.3. By concluding this Contract, the Licensee agrees to use the Licensee's image included in the results of intellectual activity. If the Licensee disagrees with the grant of rights to use his image, he notifies the Licensor in written form.
9.4. The processing of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction , usage, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
9.5. In accordance with paragraphs. 2 p. 2 art. 22 of the Federal Law of the Russian Federation of July 27, 2006. No. 152-ФЗ "On Personal Data" The Licensee, accepting the terms of this Offer Contract, acting as a subject of personal data, agrees to process his personal data by the Licensor, as well as the Licensor in relations with third parties, and the Licensee undertakes to process such data with the above methods solely for the purpose of fulfilling the subject of this Contract and the purposes specified in the "Personal Data Processing Policy".
9.6. The Licensor has the right to record telephone conversations with the Licensee. In this case, the Licensor undertakes to prevent attempts of unauthorized access to information received during telephone conversations and / or its transfer to third parties.
9.7. The withdrawal of consent to the processing of personal data is carried out by withdrawing the acceptance of this Offer Contract.
- X. OTHER TERMS
10.1. According to Part 2 of Art. 434 of the Civil Code of the Russian Federation, the parties acknowledge that when concluding the Contract they are acting in good faith, provided each other with reliable data, recognize the proper conclusion of this offer in electronic form by paying a license or sending an acceptance by drawing up an application.
10.2. This Contract comes into force from the moment the Licensee sends an acceptance until the Parties fulfill all obligations.
10.3. In everything else that is not observed in this Contract, the Parties are guided by the current legislation of the Russian Federation.
10.4. The Licensee confirms that all the terms of this Contract are clear to him, and he absolutely and totally accepts them.
Individual Entrepreneur Baktasheva Anastasiya Yuryevna
Registered on 26.02.2021 by the Interdistrict Inspectorate of the Federal Tax Service No. 10 for Orenburg region
460019, Orenburg, Sharlykskoe sh., d 1/2
Annex No. 1 to the Offer Contract
- GENERAL TERMS
1.1. The present Agreement is concluded between the company "frigate-proxy.ru" and any user of the website located in the Internet at: http://frigate-proxy.ru/ (hereinafter referred to as the Site).
1.2. In accordance with article 435 of the Civil Code of the Russian Federation, this User Agreement is recognized as an offer.
1.3. In accordance with article 438 of the Civil Code of the Russian Federation, absolute acceptance (acceptance) of the terms of this Agreement is the use of the Site by the user.
1.4. The website http://frigate-proxy.ru/ is the property of Boris Olegovich Baktashev. Registration address: Maiskaya street, 21, Pervvy Mai settlement, the Totsky district, the Orenburg region, Russia.
1.5. The Agreement regulates the relationship between the Site Administration (hereinafter referred to as the Site Administration) and the User of this Site.
1.6. The Site Administration reserves the right at any time to change, add or delete clauses of this Agreement unilaterally without notifying the User.
1.7. Continued use of the Site by the User is full acceptance of the terms of the Agreement and the changes being put into this Agreement.
1.8. The User is personally responsible for checking this Agreement for changes in it.
- TERMS USED IN THE AGREEMENT
2.1. Site Administration - the owner of the site or authorized employees to manage the Site
2.2. Site user (hereinafter referred to as the User) is a person who has access to the Site via the Internet and uses the Site.
2.3. Site content (hereinafter - Content) - protected results of intellectual activity, including texts of literary works, their titles, forewords, annotations, articles, illustrations, covers, musical works with or without text, graphic, text, photographic, derivatives, composite and others works, user interfaces, visual interfaces, trademark names, logos, databases, as well as design, structure, selection, coordination, appearance, general style and layout of this Content included in the Site and other intellectual property objects all together and / or separately contained on the Site, as well as the necessary proxy programs to obtain IP addresses.
2.6. Moderation - viewing by the Site Administration of the information posted (or planned for placement - Pre-moderation) on the Site by the User for compliance with the terms of this Agreement.
- SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to use the Site functionality.
3.2. The site provides the User with the following services:
3.2.1. Access to search and navigation tools;
3.2.2. Access to information about the Site and other information.
3.2.3. Providing the User with the possibility of posting messages, comments, suggestions, questions, placing an order for obtaining a license.
3.3. This agreement is a public offer, and by accessing the Site, the User joins this Agreement.
3.4. The use of materials and services of the Site is regulated by the norms of the current legislation of the Russian Federation.
3.5. Channel bandwidth (proxy speed) up to 100 Mbit/s, depending on the network load. Usually it is up to 10 Mbit/s.
3.7. If the User, for any reason, did not manage to renew the license, the Administration does not guarantee the restoration of the IP address in the next order.
3.8. The Administration issues a proxy to the client with geolocation of Russia from at least 2 subnets, if the client's order contains a license with access to at least 5 IP addresses. When purchasing a license with any other geolocation, as well as proxies of the Shared category, the variety in the issued subnets is not guaranteed (i.e., for any number of ordered proxies, only one subnet can be issued).
3.9. When using a proxy in the Shared category, up to 3 Users can simultaneously use it.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Site User undertakes:
4.1.1. To read completely the terms of this Agreement.
4.1.2. To comply with all the terms of this Agreement.
4.1.3. To provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
4.1.4. To observe the property and non-property rights of authors and other right- holders when using the Site.
4.1.5. Not to take actions that may be considered as disrupting the normal operation of the Site and its services or personal pages of the Users, not to download, store, publish, distribute or provide access or otherwise use viruses, Trojans and other malicious programs; not to use automated scripts (programs) to collect information on the Site and (or) interaction with the Site and its services without the special permission of the Site Administration. Not to try to gain access to the login and password of another User, including, but not limited to, deception, hacking of the Profiles of other Users, etc.
4.1.6. Not to distribute using the Site any confidential and protected by the legislation of the Russian Federation information about physical or juridical persons.
4.1.7. To avoid any actions that may violate the confidentiality of the information protected by the legislation of the Russian Federation.
4.1.8. Not to use the Site in order to distribute advertising information, except with the consent of the Site Administration.
4.1.9. Not to use the services of the Site for the purpose of:
- Uploading content that is illegal violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, ethnic, gender, religious, social grounds; contains inaccurate information and (or) insults to specific individuals, organizations, authorities.
- incentives to commit illegal actions, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions been in force on the territory of the Russian Federation.
violation of the rights of minors and (or) causing harm to them in any form.
representing himself as another person or representative of an organization and (or) community without sufficient rights, including for the employees of this Site.
- committing illegal actions, committing crimes.
4.1.10. Not to upload, store, publish, distribute any information that:
- contains threats, discredits, offends, denigrates honor and dignity or business reputation, or violates the privacy of other Users or third parties;
violates the rights of minors;
- is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of a sexual nature involving minors;
- contains scenes of violence or inhuman treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it;
- promotes and / or promotes incitement of racial, religious, ethnic hatred or enmity, propagandizes fascism or ideology of racial superiority;
- contains extremist materials;
- promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;
- contains information of limited access, including, but not limited to, state and commercial secrets, information about the private life of third parties;
- contains advertisements or describes the attractiveness to use alcohol and / or drugs, including "digital drugs" (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on use;
- is scamming;
- and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
4.1.11. Immediately to notify the Site Administration of any unauthorized usage of his/her account or password or any other security breach.
4.2. The User is prohibited from:
4.2.1. To carry out illegal collection and processing of personal data of other Users.
4.2.2. To disrupt the proper functioning of the Site;
4.2.3. In any way to bypass the navigation structure of the Site to receive or attempt obtaining any information, documents or materials by any means that are not specifically provided by the services of this Site;
4.2.4. Unauthorized access to the functions of the Site, any other systems or networks related to this Site, as well as to any services offered on the Site;
4.2.5. To violate the security or authentication system on the Site or in any network related to the Site.
4.2.6. To perform a reverse search, track or attempt to track any information about any other Site User.
4.2.7. To use the Site and its Content for any purpose prohibited by the legislation of the Russian Federation, as well as incite to any illegal activity or other activity that violates the rights of the Administration or other persons.
4.2.8. Brute force passwords (brute force), scan for port vulnerability.
4.2.9. To create phishing sites using the Site functionality.
4.2.10. Use the Site for the purpose of sending spam, including spam on forums, websites, blogs, E-mail newsletters. 25, 465, etc.
4.2.11. To use the Site in order to spread malicious programs (viruses, trojans and anything that can affect the operation of the software).
4.2.12. To use the Site in order to hack sites and search for their vulnerabilities (including sql-inj).
4.2.13. To use the Site for the purpose of distributing materials without the knowledge of the copyright holder (video, music, software, etc.);
4.2.14. To use the Site in order to violate the laws of the country in which the proxy is located.
4.2.15. To use the Site for the purpose of mass registration of accounts on various services, forums and social media.
4.2.16. To be rude, insult, show disrespect to representatives of the Administration and other Users.
4.3. The User has the right to:
4.3.1. To get access to the usage of the Site.
4.4. The Site Administration has the right to:
4.4.1. To change the rules for using the Site, as well as change the content of this Site. Changes come into force from the moment the new version of the Agreement is published on the Site.
4.4.2. To restrict access to the Site if the User violates the terms of this Agreement.
4.4.3. In case the User violates the terms of the Agreement, to send the User a warning containing a list of violations. If the User does not remedy the violation within one day from the moment the notification has been sent to him or repeatedly violates the specified conditions or other conditions, the Site Administration has the right to unilaterally refuse to execute the Agreement, block Users access to the User Profile and cancel the User Profile.
4.4.4. To carry out Moderation in cases where the information being posted by the User promotes hatred and / or discrimination of people on racial, ethnic, gender, religious, social grounds; promotes the usage of drugs and other drugs that are harmful to health; calls for inhuman treatment of animals; violates the rights of national and other minorities; contains calls for violent actions; violates the rights of authors and other owners of intellectual rights.
4.4.5. To control statistical information related to the operation of the Site, as well as information of Users to ensure targeted display of advertising information to various audiences of Site Users.
4.4.6. To send the User information about the development of the Site and its services; to send sms messages to inform him/her about activation codes, conducting surveys about the quality of the Site, providing and requesting other information, as well as to advertise own activities and services.
4.4.7. The Site Administration has the right to disclose any information collected about the Site User if disclosure is necessary in connection with an investigation or complaint regarding the misusage of the Site or to establish (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
4.4.8. The Site Administration has the right to disclose any information about the User that seems necessary to comply with the provisions of the current legislation or court decisions, ensuring compliance with the terms of this Agreement, protection of the rights or security of the name of the organization, Users.
- USAGE OF THE SITE
5.1. The Site and the Content that is part of the Site is owned and operated by the Site Administration.
5.2. The content of the Site cannot be copied, published, reproduced, transmitted or distributed in any way, as well as posted in the global Internet without the written consent of the Site Administration.
5.3. The Content of the Site is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition laws.
5.4. The purchase of the Product offered on the Site may require the creation of a User account.
5.5. The User is personally responsible for maintaining the confidentiality of account information, including the password, as well as for any activities, without exception that are conducted on behalf of the User of the account.
6.1. Any losses that the User may suffer in the event of willful or negligent violation of any terms of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Site Administration.
6.2 The Site Administration makes every possible effort to ensure the normal operation of the Site, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as possible losses incurred, including, but not limited to, as a result of:
- illegal actions of Users aimed at violating information security or the normal functioning of the Site;
- malfunctions of the Site caused by errors in the code, computer viruses and other extraneous code fragments in the software of the Site;
- absence (impossibility of establishing, terminating, etc.) Internet connections between the User's server and the Site server;
- carrying out by government and municipal bodies, as well as other organizations, activities within the framework of the System of operational-search activities;
- the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations in the Internet and / or the establishment by these entities of one-time restrictions that complicate or make impossible the execution of the Agreement;
- other cases related to the actions (inactions) of Users and / or other entities aimed at worsening the general situation with the use of the Internet and / or computer equipment that existed at the time of the conclusion of the Agreement, as well as any other actions directed to the Site and at third persons.
6.3. The Site Administration is not responsible for losses caused to the User as a result of the inaccurate information being transferred to another User.
6.4. The Site Administration has the right to carry out preventive works in the software and hardware complex of the Site with a temporary suspension of the Site's operation, if possible at night and minimizing the time of the Site's inoperability, notifying the User about it, if technically possible.
6.5. The Site Administration does not guarantee that the software of the Site does not contain errors and / or computer viruses or extraneous code fragments, the Site Administration takes all possible measures to eliminate them if these disadvantages are identified.
- DISPUTES SETTLEMENT
7.1. In case of any disagreement or dispute between the Parties of this Agreement, the claim procedure is mandatory. The Parties recognize electronic document flow as a proper written exchange of documents. The claim can be sent either to the registration address, to e-mail or SMS.
7.2. The period of time to consider the claim is 10 calendar days from the date of its receipt.
7.3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights, which are granted to them by the current legislation of the Russian Federation at the place of the Administration registration.
- ADDITIONAL TERMS
8.1. The Agreement comes into force from the moment of its publication on the Site, while the Old version of the Agreement becomes invalid.