Documentation of domain lease. How to do this - in the article
Question: Can an organization, without any documentary or legal registration, use the domain names of an individual (for example, an employee of an organization owns or leases domain names and simply gave them to us for free)? Or does everything have to be formalized? If we need to formalize it, can we conclude a Free Use Agreement with this individual? An individual does not want to sell them to us and also wants to pay for hosting himself, so that these domain names do not leave him!!! And is there any punishment if an organization simply uses them (without documents, without payment): created its own website, uses it in the address mailboxes?
Answer:
First of all, keep in mind that you cannot rent a website or domain, because... This is not property in its civil sense.
That is, despite the name “domain/site rental” attached to this relationship in civil circulation, in yours we are talking only about services. Any equipment is not physically delivered, but only various hosting services, etc. are provided. Accordingly, in order to obtain rights to the site, it is necessary to formalize the transfer of rights and responsibilities for domain administration. These relations are formalized by an agreement on the transfer of rights and obligations under the contract, concluded in accordance with Art. 392.3 of the Civil Code of the Russian Federation.
But this requires the consent of the registrar, that is, the person with whom the individual has entered into an agreement. There are no other “rental” ways of concluding an agreement or through regulations on services. For an analogy, you can compare the telematics services specified in the question with regular communication services - you cannot rent an employee’s phone (number), because Communication services can only be provided by the operator.
Negative consequences in the form of administrative fines, etc. For the organization, the conclusion of such contracts does not bear any burden. They can arise only for an individual who provides services without a license and the status of an individual entrepreneur (Article 14.1 of the Code of Administrative Offenses of the Russian Federation).
Rationale
Civil Code of the Russian Federation. Part one
Today, Russian legislation lags behind the rapid development of technology. First of all, this concerns the Internet sphere and the regulation of legal relations arising in global network. One of these problems is the relationship that develops around domain names.
Initially, it is worth determining the place of the domain name, as an object of law, in the legal system of the Russian Federation. Any legal relationship consists of a subject, an object, as well as the subjective rights and obligations of the parties. The object of a legal relationship can be understood as everything about which specific rights and obligations of its subjects arise. As Kirillova M.Ya. writes, “...in any civil legal relationship there is its object, since otherwise the meaning of the legal relationship itself is lost.” Therefore, the existence of objectless legal relations is impossible. For the emergence of civil legal relations regarding a particular object, it is not required that it be directly specified in civil legislation. According to Art. 128 Civil Code, the objects of civil rights include the results intellectual activity, including exclusive rights to them (intellectual property). This also includes the results of individualization of a legal entity, products, work or services performed. The list of means of individualization is given in Art. 138 of the Civil Code, however, this list is open, and, therefore, the existence of new means of individualization is assumed. We believe that domain names are a new means of individualization.
There is no legal definition of a domain name; it can be conventionally described as hierarchical namespace scope Internet networks, which is served by a set of domain name servers (DNS) and is centrally administered. A domain is identified by a domain name. However, as previously noted in the literature, this definition covers only the technical side of the issue, without revealing the legal essence of the domain name. For example, V.O. Kalyatin proposes to separate two concepts: “ domain - area of the address space, Domain name– a designation registered in accordance with the established procedure that replaces the digital IP address of a computer connected to the network during human interaction with a computer.Example: law.ru - a domain name pointing to two domains, "law" and "ru"". Yakhin Yu.A. proposes to define the domain as symbolic address of an information resource in a telecommunications network, automatically directing the user to an IP address through a system of DNS servers .
Until recently, the question of the possibility of transferring the right to a domain name was controversial. The reasoning was as follows: clause 1.8 of the RosNIIROS Regulations for the registration of second-level domains in the .RU zone (meaning the Regulations dated February 15, 2002) said that the domain and the right to administer the domain are not objects of purchase and sale. However, this would be contrary to Art. 129 of the Civil Code, which says that objects of civil rights can be freely alienated or transferred from one person to another in the order of universal succession...types of objects of civil rights, the presence of which is not allowed in circulation (objects withdrawn from circulation), must be expressly stated in the law. It is not legally prohibited to dispose of a domain name, and the Regulations are not a legal act. The situation has changed due to the transfer of the function of registering domain names in the ru zone. six registrars. Of interest is the domain auction organized by RUcenter. According to the Regulations for the auction for the right to administer a domain name, sale of a domain name - transfer of the right to administer a domain name. Therefore, in our opinion, There are no barriers to the possibility of concluding an agreement on the assignment of rights to a domain name today.
As mentioned above, there are no rules governing relations regarding domain names in domestic legislation. According to Art. 6 GK, in cases where the relations provided for in paragraphs 1 and 2 of Article 2 of the Civil Code are not directly regulated by legislation or agreement of the parties and there is no business practice applicable to them, civil legislation regulating similar relations (analogy of the law) is applied to such relations, if this does not contradict their essence ). Is it possible to use the analogy of the law in this case? For example, let’s take the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin of Goods”, namely the issue of disposing of the exclusive right to a trademark. To apply the analogy of the law, we need the presence of three conditions:
1. The relationship is not regulated by law, by agreement of the parties, and there is no business custom on this issue.
2. There is legislation regulating similar relationships.
3. Such similar legislation does not contradict the essence of the relations to which it is applied by analogy.
Having analyzed similar relationships, the following conclusions can be drawn:
The owner of the exclusive right to a trademark may be a legal entity or engaged in entrepreneurial activity individual. The owner of the right to a domain name can be any subject of civil law.
In relation to the technical specifications, a contract may be concluded license agreement. The type of license may be non-exclusive, i.e. The licensor retains the right to grant licenses to third parties. With regard to domain names, the conclusion of such an agreement is impossible due to the specifics of this object, because when typing a specific domain name, it forwards the user to only one information resource. Accordingly, if we assume a situation where the right to a domain name belongs to several persons at once, it turns out that one of them will not be able to use it.
The agreement on the transfer of the exclusive right to a trademark and the license agreement are registered with the federal executive body for intellectual property. Without this registration, these agreements are considered invalid. It is not necessary to give a written form to the agreement on the transfer of domain rights.
The exclusive right to trademark has territorial limits. No domain name.
As a result, in our opinion, we can conclude that the analogy of the RF Law “On Trademarks, Service Marks and Appellations of Origin of Goods” in terms of disposing of the exclusive right to a trademark cannot be applied to relations for the transfer of the right to a domain name. This once again proves the thesis that a domain name is a new means of individualization.
The agreement on the transfer of rights to a domain name is an independent civil law agreement. The question of the essential terms of the contract seems important. Article 423 of the Civil Code says : essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
The subject of this agreement will be the actions of the parties, namely, under the agreement, the domain name administrator undertakes to provide the right to administer the domain name for the duration of the agreement, and the other party undertakes to pay a fee. The legislation does not provide any other essential conditions. It seems an interesting question about such terms of the contract as term and price. So, the price. As a general rule, if the parties have not agreed on the price condition, then clause 3 of Art. 424 GK: in cases where the price is not provided for in the compensation contract and cannot be determined based on the terms of the contract, the execution of the contract must be paid at the price that, under comparable circumstances, is usually charged for similar goods, work or services. But we must take into account that each domain name is individual and there are practically no comparable circumstances, because If you compare the price of the domain name www.google.com and www.sakh.com, then the price of the former will be significantly higher. According to paragraph 54 of the Plenum of the Supreme Arbitration Court 6/8: If there are disagreements on the terms of the price and the parties fail to reach an appropriate agreement, the contract is considered not concluded. If we talk about the term, then this is the criterion for dividing this type of contract into the following subtypes:
- Transferring a domain name forever
- Transferring a domain name temporarily
The contract can be either paid or gratuitous, but you need to remember that the contract is assumed to be compensated, unless otherwise follows from the law, other legal acts, content or essence of the contract(Clause 3 of Article 423 of the Civil Code). Therefore, in order to recognize a contract as gratuitous, this must be expressly stated in it. An interesting question is about the moment of conclusion of the contract. By its design, the agreement is consensual, i.e. is considered concluded from the moment an agreement is reached on all essential terms. But, according to the Registrar Regulations, it is necessary to register a new domain administrator, however, this is only a local act that does not have the force of law. The law says nothing about the form of this agreement, so it can be concluded either orally or in writing. The rule to remember is that must be made in simple written form, with the exception of transactions requiring notarization: transactions of legal entities among themselves and with citizens, transactions of citizens among themselves in an amount exceeding at least ten times the minimum wage established by law, and in cases provided for by law - regardless of the amount transactions (Article 161 of the Civil Code) . However, failure to comply with the simple written form of the transaction deprives the parties of the right in the event of a dispute to refer to witness testimony in support of the transaction and its terms, but does not deprive them of the right to provide written and other evidence.(Article 162 of the Civil Code). Therefore, failure to comply with a simple written form does not entail the invalidity of the transaction.
It is possible to conclude an agreement under which a domain is transferred temporarily without registering a new administrator, however, this will already constitute a paid provision of services. In this case, the administrator remains the contractor, and the customer only uses the domain name for his own purposes, or when typing a domain name, a redirection occurs to his resource. The legal regulation of such an agreement is Chapter 39 of the Civil Code of the Russian Federation, as well as general provisions on obligations.
The procedure for transferring rights to a domain name. To transfer rights to a domain to another person, you must submit two letters to the Registrar: from the domain administrator and from the person to whom the rights to the domain are transferred. Each registrar provides its own requirements for the letter.
Let's consider the basic rights and obligations of the parties.
A person acquiring the right to administer a domain name (temporarily) is obliged to:
1.Ensure that the domain name is retained by paying for the cost of services under the agreement with the Registrar. Otherwise, the domain may be “seized” by another person, which will mean improper fulfillment of their obligations under the contract.
2.Provide data to the Registrar (letter)
3.Pay remuneration to the person transferring the right to the domain name
4.Inform the other party in case of early termination of the agreement with the Registrar.
5. The agreement may provide for a limited right to use a domain name, for example, if the domain name is associated with the personality of the administrator, and it will direct the user to an erotic resource.
Other duties may also be provided. As for rights, these conditions are determined independently by the parties to the contract, for example, the distribution of costs as a result of settling relations with third parties, if the domain administrator is presented with claims or lawsuits regarding violation of the rights of third parties. Both parties are required to draw up a document confirming the fulfillment of their obligations to transfer the domain name and payment (acceptance certificate).
The right to a domain name can also be transferred in the following cases:
1. Purchase and sale of an enterprise as a property complex. In this case, the rights to the company name, trademark, service mark and other means of individualization of the seller and his goods, works or services, as well as the rights to use such means of individualization belonging to him on the basis of a license pass to the buyer, unless otherwise provided by the contract.
2. In the process of privatization.
So, concluding an agreement on the assignment of rights to a domain name is possible today; in this case, this transaction will be regulated general provisions about obligations, and the parties must comply with the rules set out in the Registrar's regulations.
Civil law. Textbook for universities edited by T.I. Illarionova
PROJECT
Agreement on gratuitous transfer of rights to
domain nameI
State autonomous institution Republic of Komi “Information Technology Center”, acting on the basis of the Charter, hereinafter referred to as the “Copyright Holder”, on the one hand, and ________________________________________________ represented by ___________________________________, acting on the basis of ____________________, hereinafter referred to as the “User”, on the other hand, together hereinafter referred to The “Parties” have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Copyright holder, being the owner of the entire range of rights to a second-level domain name rkomi. ru, in accordance with agreement No. 000/NIC-D dated 01/01/01 “On the provision of services”, concluded between the state institution “Center for Automated Systems” and ANO “Regional Network Information Center”, as well as in accordance with the regulations for registering domains of the third level and the rules for supporting third-level domains put into effect by the domain name registrar, undertakes to carry out activities for registering and maintaining a third-level domain name __________________ (hereinafter referred to as the Domain Name), and transfer the rights to it free of charge to the User, who, in turn, undertakes to accept them.
2. Responsibilities of the Parties:
2.1. The copyright holder is obliged:
2.1.1. Transfer all rights to the Domain name in accordance with the established procedure;
2.1.2. Do not interfere with the use of the Domain Name after transferring its rights to the User;
2.1.3. Notify the User of the loss of the Copyright Holder's rights to the second-level Domain Name no later than __ days from the date of notification by the registrar of the decision.
2.2. The Copyright Holder guarantees that the Domain Name is free from the rights of third parties and, at the time of concluding this Agreement, does not violate the rights of third parties related to the selection and use of the Domain Name (there is no dispute about trademarks, individualization marks and other disputes).
2.3. The user is obliged:
2.3.1. Accept the rights to the Domain name no later than five working days after the conclusion of this Agreement;
2.3.2. When using a Domain Name, place information in accordance with the law.
3. Duration of the Agreement:
3.1. The Agreement comes into force from the moment of signing and is valid until the occurrence of any of the following events:
3.1.1. Written notification from one party to the other of termination of this Agreement;
3.1.2. Loss of rights to a second-level Domain name by the Copyright Holder rkomi. ru.
4. Final provisions
4.1. All additions and changes made to this Agreement in writing and signed by authorized persons are an integral part of this Agreement.
4.2. This Agreement is drawn up in two copies, one copy for each of the Parties, having equal legal force.
5. Legal addresses and bank details
User: | Copyright holder: |
|
State Autonomous Institution of the Komi Republic "Center information technologies» |
||
Mailing address: Russia, Komi Republic, |
||
Email: office. *****@***ru |
||
Telephone: (82 |
||
Bank details: |
||
in GRKTs NB Rep. Komi Bank of Russia, Syktyvkar |
||
l/s L-CAVTS OGRN: |
||
Director of the State Autonomous Institution of the Republic of Kazakhstan "Information Technology Center" |
||
Transfer all rights to the Domain name in accordance with the established procedure; 2.1.2. Do not interfere with the use of the Domain Name after transferring its rights to the User; 2.1.3. Notify the User of the loss of the Copyright Holder's rights to the second-level Domain Name no later than days from the date of notification by the registrar of the decision made. 2.2. The Copyright Holder guarantees that the Domain Name is free from the rights of third parties and, at the time of concluding this Agreement, does not violate the rights of third parties related to the selection and use of the Domain Name (there is no dispute about trademarks, individualization marks or other disputes). 2.3. The user is obliged to: 2.3.1. Accept the rights to the Domain name no later than five working days after the conclusion of this Agreement; 2.3.2. When using a Domain Name, place information in accordance with the law. 3. Duration of the Agreement: 3.1.
Domain name lease agreement
Do not post and/or distribute personal information (name, phone number, address, etc.) that can identify third parties without consent to such placement of that person; 5. CONDITIONS AND TERM OF TRANSFER OF A DOMAIN NAME TO FULL OWNERSHIP 5.1.
The domain name is transferred to full rights subject to payment specified in clause 2.2. actual agreement. 5.2. The domain name specified in clause 1.1. of this agreement, no earlier than the expiration of the lease term is transferred to the Tenant by transferring all rights to own the domain name with a complete change of the name and contact information of the domain owner.
5.3. Full transfer of the domain name specified in clause 1.1. of this agreement, is carried out taking into account the requirements of the domain name registrar no later than business days from the end of the lease period. 6. RESPONSIBILITY OF THE PARTIES 6.1.
Contract for the assignment of rights to a domain name
It is also necessary to establish what specific actions the DI administrator performs. It seems to me that there is no contract for the provision of services here, since the administrator’s service is one-time in nature (indicated in the settings for the other party’s website in the contract), and the legal relationship does not end, but lasts for some time. Domain name lease agreement Do not post and/or distribute personal information (name, phone number, address, etc.) that can identify third parties without consent to such placement of this person; 5.
CONDITIONS AND TERM OF TRANSFERING A DOMAIN NAME TO FULL OWNERSHIP 5.1. The domain name is transferred to full ownership subject to payment specified in clause 2.2. actual agreement. 5.2. The domain name specified in clause 1.1.
contracts by type
Attention
For the assignment of the Domain Administration Right, the Transferee shall pay the Copyright Holder compensation, the amount of which is determined by an additional agreement of the parties.2. General conditions2.1. The Copyright Holder confirms that he has the right to administer the Domain on the basis and in accordance with the Service Agreement No., concluded in 20
between the Copyright Holder and the Registrar (Note: for example, LLC “Domain RegistrarREG.RU” (“Domain RegistrarREG.RU”, REGRU-REG-RIPN), hereinafter referred to as the “Registrar” and being an accredited registrar of domain names in the .RU zone. The fact of existence Domain administration rights are confirmed by the corresponding entry in the registry of domain names of the .RU zone, hereinafter referred to as the “Register”. 2.2.
The Copyright Holder confirms that the Right to Administer the Domain was paid for before 201, about which there is a corresponding entry in the Register.2.3.
Domain name use agreement
Important
Domain name transfer agreement DOC format Domain name transfer agreement RTF format Agreement for the paid assignment of the right to administer a domain name in Moscow" " 2015 " ", represented by (job title) (Last Name First Name Patronymic), acting on the basis of, hereinafter referred to as the "Copyright Holder" and (Last Name First Name Patronymic), hereinafter referred to as the "Transferee" ", hereinafter jointly and separately referred to as the "Parties", have entered into this Agreement for the paid assignment of the right to administer a domain name, hereinafter referred to as the "Agreement", as follows: 1.
Subject of the Agreement 1.1. The Copyright Holder transfers, and the Transferee receives, the right to administer the domain name, hereinafter referred to as the “Right of Administration” and “Domain”, respectively. 1.2.
Agency agreement for domain name use
Info
SUBJECT OF THE AGREEMENT 1.1. The Lessor provides the Lessee with possession and use of a domain name for a period of up to "" 2016 from the date of payment, the owner of which is the Lessor, and the Lessee undertakes to pay the Lessor a rent for the use of the domain name. At the end of the lease period, within business days, the Tenant has the preemptive right to purchase the domain name.
1.2. The lessor assigns the following DNS addresses to the domain name: for the entire lease term of the domain name. 2. PRICE OF THE CONTRACT 2.1. For use specified in clause 1.1. of this agreement, with a domain name, the Tenant pays the Lessor a fee in the amount of rubles, including VAT (18%). 2.2. Agreement for the use of a domain name The Lessor is not responsible for the performance of the DNS servers specified in the agreement, or third-party servers on which the Lessee’s website is hosted. 7. Duration of the agreement 7.1.
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The creators of the entirely private law procedure of UDRP, including the World Intellectual Property Organization (WIPO), emphasized the practical goals of the developed principles, their narrow focus on outright cases of cybersquatting. An essential point in the UDRP is the possibility of unmotivated review of the decision on the UDRP in court, because
Download the agreement on the right to use a domain name: musical game guess the melody presentation April 28, 2012 Therefore, the protection provided by the right to a brand name by the courts of three instances is a dispute about the legal nature of the agreement between the plaintiff and the defendant. The right to use a domain name arises from fact.
IGOR VAGANOV WITHOUT MEMORY WE ARE DIRT Edited by Ataman Vologodsky. Changes have been made to the rules for the functioning of mobile emergency medical teams.
Forms, Samples, Templates (Fish) of contracts, acts, purchase and sale agreements.
Contract for paid assignment of the right to administer a domain name
They are primarily concerned about a) is it possible to mention the arbitration court if one of the parties is an individual b) is there anything in it that makes it invalid (void) c) will it help me with the main thing - the transfer of responsibility for compliance with copyright and for other violations of the law to the site tenant. 1. Subject of the agreement 1.1 The Seller, being the administrator of the second-level domain name rook5.ru and the owner of the entire set of rights to it (the rights to the domain name are confirmed by an extract from the register - Appendix No. 1), undertakes to transfer the domain name to the Buyer, the latter, in turn, undertakes to accept and pay a sum of money for the domain name in the amount of.
Domain name use agreement
Do not place materials on the domain name that are contrary to law Russian Federation, pornographic materials, materials of national and religious hatred, deception schemes and other similar information. 4.2.3. Do not send mass or private advertisements emails(spam) without the consent of the recipient. 4.2.4.
Do not send spam through third-party servers indicating the rented domain name (passive spam). 4.2.5. Do not place advertising or other advertisements indicating the rented domain name on bulletin boards and forums, the rules of which prohibit such actions.
4.2.6. Do not post on the rented domain name, transmit any information or software, which contains viruses or other harmful components that can harm the software of third parties. 4.2.7.
Agreement for the use of a domain name
The Copyright Holder declares that at the time of concluding this Agreement, he is not aware of the existence of any restrictions related to the implementation of the Domain Administration Right, as well as of any claims of third parties to the specified Administration Right. 2.4. The Transferee confirms that an Agreement for the provision of services has been concluded between him and the Registrar and that the Transferee is aware of the procedure and amount of payments, the payment obligations of which have arisen and/or will arise due to the conclusion of the said Agreement. 2.5. The Transferee confirms its readiness to assume all associated risks associated with the fact of its implementation of the Domain Administration Rights.2.6. The transferee declares that his actions to obtain the Domain Administration Rights are related to the implementation of exclusively his own interests.3. Obligations of the Parties3.1. The copyright holder undertakes: 3.1.1.
There are arguments in support of both one and the other position. However, when discussing the nature of rights to a domain name, it should be taken into account that the nature of the right does not and should not depend on how the turnover this right is regulated by current law, because
Domain name lease agreement 1.1. The Lessor provides the Lessee with possession and use of a domain name, the owner of which is the Lessor, and the Lessee undertakes to pay the Lessor a rent for the use of the domain name, and at the end of the lease period has the right to buy it back. 1.2. The lessor assigns the following DNS addresses to the domain name: for the entire lease term of the domain name.
Agreement for the right to use a domain name There is an individual A who acquired the domain name “DOMAIN1” in the Russian Federation zone and is the domain administrator.
domain name in a person acting on the basis, hereinafter referred to as " Landlord", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Tenant", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor provides the Lessee with possession and use of a domain name for a period of up to "" 2016 from the date of payment, the owner of which is the Lessor, and the Lessee undertakes to pay the Lessor a rent for the use of the domain name. At the end of the lease period, within business days, the Tenant has the preemptive right to purchase the domain name.
1.2. The lessor assigns the following DNS addresses to the domain name: for the entire lease term of the domain name.
2. PRICE OF THE CONTRACT
2.1. For use specified in clause 1.1. of this agreement, with a domain name, the Tenant pays the Lessor a fee in the amount of rubles, including VAT (18%).
2.2. If the Tenant wishes to purchase the leased domain name upon expiration of the lease period, the redemption price is determined in the amount of rubles, including VAT (18%).
2.3. The domain name cannot be purchased in parts and before the end of the lease term.
3. PAYMENT PROCEDURE
3.1. The moment of payment is the day of receipt of the corresponding amount of funds to the Lessor's current account.
3.3. The redemption fee may be paid by the Tenant at any time during the term of the contract.
4. OBLIGATIONS OF THE PARTIES
4.1. The lessor is obliged:
4.1.1. Assign the specified DNS addresses for the domain name that is the subject of the agreement no later than business days from the date of payment.
4.1.2. Provide the Lessee with documentation and/or technical data for the transferred domain name necessary for its use.
4.1.3. Ensure the assignment of DNS addresses for the domain specified in clause 1.2 for the entire term of the domain name lease agreement. Termination of the agreement relieves the Lessor of the obligation to support the Tenant's DNS.
4.1.4. If the need arises, based on a written request from the Tenant, change the DNS data for the domain name within business days from the receipt of the request.
4.1.5. Retain the priority right to complete transfer of the domain name to the Tenant for the entire duration of the agreement. Without a written agreement with the Lessee, the Lessor cannot transfer the domain name to third parties during the entire term of the agreement.
4.1.6. Upon receipt of funds for the purchase of a domain name in accordance with clause 2.2. The Lessor, without the written consent of the Lessee, has no right to transfer the domain name or lease it to third parties.
4.2. The tenant undertakes:
4.2.1. Do not post on the domain name materials that contradict the laws of the Russian Federation, pornographic materials, materials of national and religious hatred, deception schemes and other similar information.
4.2.3. Do not send mass or private advertising emails (spam) without the consent of the recipient.
4.2.6. Do not post on a rented domain name or transmit any information or software that contains viruses or other harmful components that can harm the software of third parties.
4.2.7. Do not post on a rented domain name and/or distribute materials (software, music or video files, etc.) obtained in violation of the current legislation of the Russian Federation or materials that are fully or partially protected by copyright or related rights without the written permission of the author of the posted material.
4.2.8. Do not use torrent in any form.
4.2.10. Do not post and/or distribute information about third parties that is untrue or insults the honor and dignity of third parties, both individuals and legal entities;
4.2.11. Do not post and/or distribute personal information (name, phone number, address, etc.) that can identify third parties without consent to such placement of that person;
5. CONDITIONS AND TERM OF TRANSFER OF A DOMAIN NAME TO FULL OWNERSHIP
5.1. The domain name is transferred to full rights subject to payment specified in clause 2.2. actual agreement.
5.2. The domain name specified in clause 1.1. of this agreement, no earlier than the expiration of the lease term is transferred to the Tenant by transferring all rights to own the domain name with a complete change of the name and contact information of the domain owner.
5.3. Full transfer of the domain name specified in clause 1.1. of this agreement, is carried out taking into account the requirements of the domain name registrar no later than business days from the end of the lease period.
6. RESPONSIBILITY OF THE PARTIES
6.1. For failure to fulfill the terms of this agreement, the parties bear responsibility under the agreement, and in the absence of an indication of responsibility in the agreement - in accordance with the legal acts of the Russian Federation.
6.2. For delay in assigning DNS addresses for the domain name that is the subject of this agreement, the Lessor shall pay the Lessee a penalty in the amount of % of the rental amount for each day of delay.
6.3. The Lessor is not responsible for the performance of the DNS servers specified in the agreement, or third-party servers on which the Lessee's website is hosted.
7. TERM OF THE AGREEMENT
7.1. This agreement is concluded for a period of up to "" 2016 from the moment of signing by both parties and payment by the Lessor specified in clause 2.1. actual agreement. If the Tenant purchases a domain name in accordance with clauses 5.1, 5.2 and 5.3 of this agreement, the term of the agreement is extended until the transfer of the specified domain name and mutual settlements.
8. PROCEDURE FOR TERMINATION OF THE AGREEMENT
8.1. The tenant has the right to cancel the contract unilaterally by notifying the other party in writing calendar days in advance. Rental amounts paid under the agreement are not refundable.
8.2. The agreement may be terminated by either party if the other party repeatedly violates the terms of this agreement. In this case, the guilty party is obliged to compensate for all losses associated with termination of the contract.
9. OTHER CONDITIONS
9.1. This agreement has been drawn up in two copies, one of which is kept by the Lessor, and the second by the Tenant.
10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Landlord
Tenant Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
11. SIGNATURES OF THE PARTIES
Lessor _________________
Tenant _________________
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