Public Offer Agreement
for Compensated Information Services dated 07.07.2023
1. Definitions Used in this Agreement
1.1. Website Auwords, located at auwords.com (hereinafter - Site) - a commercial resource where messages are posted on behalf of the Administration, and also provides visitors of the Site the opportunity for targeted communication by posting a variety of messages in the public domain for other visitors to learn about them.
1.2. The terms and definitions used in the Agreement have the following meaning:
1.2.1. User - Internet user who wishes to use the services of the Site and concludes the Agreement with the Owner of the Internet resource (Administration).
1.2.2. Nick (Name) - the name of the user, under which he wrote a message on the site, which is displayed along with the messages of this user of the site.
1.2.3. Administration - IE Petrakevich S.S., UNP: 391535303.
1.2.4. Moderator - a person authorized by the Administration, engaged in moderation.
1.2.5. Moderation - actions of the Moderator aimed at compliance with the Agreement by the Users.
1.2.6. Identification is a set of measures to establish information about the User.
1.2.7. Account - is an aggregate of the User's data, indicated during registration, necessary for the identification of the User.
1.2.8. Information Services (Services) - services for posting various messages on the Site auwords.com on a fee basis, including the capabilities of other Internet services.
2. Subject of Public Offer Agreement
2.1. The Administration commits itself to provide the User with Services to post various messages on the site www.auwords.com in the public domain for other visitors to learn about them, and the User agrees to accept the Services provided by the Administration and pay for them in the manner and on the terms defined in this Agreement.
2.2. Messages are posted on "Home" and "History" pages of auwords.com.
2.3. The minimum period for posting of a User's message on the "Home" page of auwords.com website is 24 hours from the moment of posting until the posting of other messages. On the "History" page of auwords.com, the messages are posted on a first-come, first-served basis indefinitely.
2.4. The maximum size of a message is 295 characters.
2.5. The maximum size of the Nick (Name) is 70 characters.
2.6. The Administration has the right to engage third parties to fulfill its obligations hereunder, and also use the services / works of third parties to ensure the possibility of providing the Services hereunder.
2.7. The Parties agree that the Services provided hereunder should be provided in the form determined by the Administration. Administration is not responsible and does not provide any guarantees in case of impossibility to provide Services or interruptions in provision of Services (delays, failures, safety and reliability of delivery of mail, safety of any user information, etc.).
3. Procedure for the Conclusion of the Agreement
3.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus) under which the Administration assumes responsibility for providing the Services to an uncertain range of persons (Users) who have requested the above-mentioned Services.
3.2. Publication (posting) of the text of this Agreement on the website at the following address: auwords.com/public is a public offer (offer) of the Administration intended for an indefinite range of people to enter into this Agreement (section 2 of Article 407 of the Civil Code of the Republic of Belarus).
3.3. The entering into this Agreement is performed by way of accession of the User to this Agreement, i.e., by means of acceptance (acceptance) of the terms and conditions of this Agreement by the User in general, without any conditions, exceptions and provisos (art. 398 of the Civil Code of the Republic of Belarus).
3.4. The fact of acceptance of the terms of this Agreement by the User is payment by the User of the ordered Services in the manner and on the terms specified in this Agreement (art. 408, par. 3 of the Civil Code of the Republic of Belarus).
3.5. On condition of compliance with the procedure of its acceptance this Agreement is considered to be concluded in a simple written form (art. 404, paras. 2, 3 and 3 of art. 408 of the Civil Code of the Republic of Belarus).
4. Cost, Payment Arrangements and due Dates
4.1. The services cost provided by the Administration is determined by the Administration and is informed to the User before providing the Services.
4.2. The Administration has the right to form the prices of the provided Services and change them independently in accordance with the current legislation. The changed prices for the Services are valid from the date specified by the Administration.
4.3. The paid Services are provided by the Administration in full and complete, regardless of changes in prices for them.
4.4. The User based on the request for the payment for the ordered Services issued by the Administration must make full prepayment at the moment of the issue of the request.
4.5. Payment of the Services without receiving the confirmation from the Administration about the possibility of providing the Services (by requesting payment for the ordered Services) is not permitted.
4.6. The money paid by the User in payment for the Services is not returned to the User, except in cases when the Services have not been provided due to the fault of the Administration.
4.7. The Users make payment for the ordered Services by international bank transfer.
4.8. Liabilities for payment for Services are considered to be fulfilled from the date when the money enters the current account of the Administration.
5. Procedure of Delivery-Acceptance for Rendered Services
5.1. Provision of Services according to this Agreement to the User is confirmed by the fact of placement of User's information message on pages: auwords.com and auwords.com/history and by the fact that no written claims have been filed by the User regarding the Services provided by the Administration.
6. Rights and Obligations of the Parties
6.1. The Administration undertakes:
6.1.1. provide Services to the User in the volume and within the period agreed upon by the parties to this Agreement (hereinafter referred to as the "Parties") and specified in this Agreement;
6.1.2. provide the possibility of posting information messages submitted by the User on auwords.com and ensure their availability in the Internet during the period specified in item 2.3. of this Agreement;
6.1.3. provide the User with advice by email during working hours (from 9-00 to 18-00 GMT+3, except weekends and official public holidays) about the issues that arise with the User concerning the provision of the Services;
6.1.4. ensure confidentiality of the information submitted by the User, except cases when provision of access to such information by third parties is a necessary condition for provision of the Services, or is required by the legislation of the Republic of Belarus.
6.2. The Administration has the right to:
6.2.1. suspend or terminate the provision of Services, or terminate this Agreement unilaterally, if the User does not fulfill his obligations under this Agreement;
6.2.2. delete any information of the User posted on auwords.com if the User does not pay for the ordered Services;
6.2.3. refuse to post information messages of the User if it considers that the content of such information violates the current legislation of the Republic of Belarus, is offensive, violates any rights and lawful interests of other persons, or is in conflict with this Agreement;
6.2.4. keep the information about all connections of the User to information and technical resources of the Administration, including IP-addresses, cookies and addresses of requested pages, if such information was received in the course of provision of the Services;
6.2.5. not to accept for consideration the User's claims submitted after the deadline for submission of such claims (section 6.3.4 below);
6.2.6. change the technical characteristics and parameters of software and hardware, used in the provision of the Services, if such changes are intended to support the workability of software and hardware or to improve their functioning, including with temporary (up to two days) suspension of provision of the Services, on a scheduled or unscheduled basis.
6.3. The User undertakes:
6.3.1. comply with the terms and conditions of this Agreement and pay to the Administration for the Services ordered in the terms, amounts and periods specified in the Agreement;
6.3.2. not to do any activity within the framework of the Services to any extent aimed at:
6.3.2.1. undermine network security;
6.3.2.2. disrupting the work of hardware and software in the Internet;
6.3.2.3. organization of network attacks on any resources available through the Internet;
6.3.2.4. organization of bulk mailings of advertising or other nature (spam), except when such mailing is initiated by the recipients themselves or is made with their prior consent;
6.3.2.5. posting and distribution of information, the content of which conflicts with the legislation of the Republic of Belarus or the norms of international law.
6.3.3. ensure safety and confidentiality of the official information received from the Administration (links, names and passwords of access, mobile phone numbers of the Administration specialists, etc.);
6.3.4. in case of any claims about the Services provided by the Administration, notify the Administration in writing within twenty-four hours from the date when the User knows or should have known about non-performance or improper performance of their obligations under this Agreement by the Administration;
6.3.5. in case of claims from third parties to the Administration, submit to the Administration the documents and other evidence confirming the User's copyright for the materials.
6.4. The User has the right:
6.4.1. require from the Administration the proper provision of Services;
6.4.2. receive from the Administration during working hours (from 9-00 to 18-00 GMT+3, except weekends and national holidays) consultations by e-mail in matters arising in connection with the provision of the Services;
6.4.3. terminate this Agreement in case of:
6.4.3.1. non-performance or improper performance by the Administration of its obligations to provide the Services under this Terms and Conditions;
6.4.3.2. disagreement with the changes and/or additions to this Agreement made by the Administration.
7. Liability and Responsibility of the Parties
7.1. The Party at fault is responsible for non-performance or improper performance of its obligations under this Agreement in accordance with the current legislation of the Republic of Belarus, taking into account the specifics provided by this Agreement.
7.2. The Administration is released of liability for the losses incurred by the User, directly or indirectly, as a result of full or partial use of the Services or the impossibility to use the Services in the following cases:
7.2.1. if the losses are incurred due to replacement, repair or adjustment of equipment, software or other works caused by the need to maintain the workability or to improve the software and hardware of the Administration;
7.2.2. if the losses are incurred due to actions or omissions of third parties or due to malfunctioning of telecommunication channels, data transmission networks, information resources or services, as well as accidents (failures) in power electrical or computer networks outside the Administration's own resources or the functioning of which may not be affected by it;
7.2.3. if the losses are caused by errors or harmful components in the software used on the Administration's servers or other servers of the Internet, as well as in the software used by the User;
7.2.4. if the losses are incurred due to non-observance by the User of confidentiality of its personal account data or other information of private nature, as well as due to unauthorized access of third parties to technical or information resources of the User.
7.3. The Administration is not responsible for the content of the informational materials provided by the User, as well as for the content of the information posted on the User's information resources.
7.4. The Administration is not responsible and does not give any explicit or implicit guarantees (including guarantees of the rights or suitability for particular purposes) for any information, goods or services, distributed by the User or third parties via the Internet, including if they are posted, offered or distributed at the own information resources of the Administration.
7.5. The parties hereunder unconditionally agree that the maximum number of damages that may be recovered from the Administration is limited by the amount of the User's paid Services, default or improper performance of which caused damages.
7.6. Liability restriction of the Administration, stipulated by section 7.5 above, cannot be applied in the following cases:
7.6.1. the amount of liability for this type of obligations or for this violation is determined by the legislation of the Republic of Belarus;
7.6.2. nonperformance or improper performance by the Administration of its obligations under this Agreement is a consequence of its direct intent.
7.7. The User is responsible for any actions made by him/her in the course of use of the Internet, information resources or services of the Administration, as well as for the consequences of such actions itself.
7.8. The User is responsible for any actions of third parties, including unauthorized ones, which took place due to non-observance by the User of the confidentiality of its personal account data or other information of private nature, as well as for the consequences of such actions.
7.9. The User is solely responsible for possible copyright violations, violation of trademarks and other norms of law of the Republic of Belarus related to the fact of publishing of the User's information materials in the Internet on the Administration's information resources.
7.10. The User shall compensate to the Administration any losses incurred by the Administration in relation to publication of the User's information materials on the Administration's information resources the content of which is contrary to law of the Republic of Belarus.
8. Circumstances of Insuperable Force
8.1. The parties are released of liability for partial or full non-performance of their obligations under this Agreement if it is a consequence of force majeure circumstances (force majeure) occurred after conclusion of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.
8.2. Circumstances of insuperable force include events upon which a Party cannot influence and for the occurrence of which it is not responsible, such as: war, rebellion, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government regulations, government orders (decrees), laws and other normative acts of competent authorities, adopted after acceptance of this Agreement and which make it impossible to fulfil the obligations set forth in this Agreement and also the actions of state or local government authorities or their representatives preventing the performance of the terms of this Agreement, or other unforeseen circumstances, including, but not limited to, malfunctions in the city power grid, technical problems at Internet transit sites and other malfunctions in transmission networks outside the sphere of influence of the Parties.
8.3. Upon the circumstances of insuperable force, preventing the fulfillment of obligations under this Agreement, the period of fulfillment of such obligations by the Parties is postponed in proportion to the time of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.
8.4. If the circumstances of insuperable force continue to be in force for more than the period specified in section 8.3 above, or when at their occurrence it becomes obvious to both Parties that the circumstances will last longer than that period, the Parties undertake to discuss possibilities of alternative ways of performance of this Agreement or its termination without indemnification of losses.
9. Advices and Notices
9.1. The Parties agree that they unconditionally agree that the texts of the documents received via the communication channels (e-mail) have the same legal effect as the documents issued in simple written form in hard copy, except for the cases when execution of documents in hard copy is obligatory due to the requirements of this Agreement.
9.2. The Parties unconditionally agree that all correspondence, advices and notices received by e-mail addresses specified in this Agreement as details of the Parties are considered as delivered to the addressee in proper form.
9.3. The Parties should check the correspondence received to their e-mail addresses without undue delay.
9.4. The Party is responsible for all risks related to occurrence of unfavorable consequences due to non-observance of requirements of section 9.3 above which allowed the violation.
10. Term of the Agreement and Termination Order
10.1. This Agreement is considered to be concluded from the date of crediting the funds paid by the User to the settlement account of the Administration for the ordered Services in accordance with the issued request for the payment of the ordered Services.
10.2. The Agreement is valid during an indefinite period until its termination in accordance with the procedure specified in this Agreement.
10.3. This Agreement may be terminated by:
10.3.1. by agreement between the Parties;
10.3.2. unilaterally by the initiative of the Administration according to section 6.2.1. above;
10.3.3. unilaterally at the initiative of the User according with section 6.4.3 above.
10.4. The User unconditionally agrees that in case of termination of this Agreement in accordance with section 10.3.1 or section 10.3.2 hereof, the User loses the right to demand from the Administration the return of any amounts paid for the Services, even if the term of the Services has not expired.
11. Procedure for the Introduction of Amendments and Additions to the Agreement
11.1. Amendments and/or additions to this Agreement are introduced unilaterally by the decision of the Administration.
11.2. Amendments and/or additions introduced to the Agreement by the Administration upon its own initiative come into effect from the date of their approval.
11.3. Amendments and/or additions introduced to this Agreement by the Administration due to the changes in the legislation come into effect simultaneously with the coming into effect of the changes in these legislative acts.
11.4. The text of amendments and/or additions of this Agreement or a new edition is made available to the public by the Administration by posting (publishing) the relevant information on the official website of the Administration at the following address: auwords.com/public-changes.
11.5. The posting (publication) of the texts of amendments and/or additions to this Agreement or their new edition is posted on the official website of the Administration at the following address: auwords.com/public-changes by the Administration no later than five calendar days before the effective date of the amendments and/or additions (except for the case specified in section 11.3 above). The User shall be deemed to be notified of such amendments and/or additions by posting the amendments and/or additions by the Administration at the specified address from the moment of their posting.
11.6. If the User disagrees with the introduced amendments and/or additions, the User has the right to terminate this Agreement in accordance with section 6.4.3 above.
11.7. The termination notice of the Agreement is also considered to be any written notification of the User on paper of disagreement with the amendments and/or additions introduced, or of non-acceptance of the new edition of this Agreement or of refusal to comply with its terms and conditions.
11.8. The Parties agree unconditionally that silence (absence of written notices of termination of this Agreement, or non-acceptance of certain provisions of this Agreement, including changes in prices for the Services) shall be deemed consent and adherence of the User to the new edition of this Agreement (section 3 of article 159 of the Civil Code of the Republic of Belarus).
12. Dispute Settlement Procedure
12.1. The Parties agree to resolve all disputes and disagreements concerning this Agreement through negotiations.
12.2. If the Parties cannot resolve all disputes in the manner specified in section 12.1 above, all disputes arising out of this Agreement, including those concerning its conclusion, change, termination, performance, invalidity should be presented before a court under the laws of the Republic of Belarus.
13. Other Conditions
13.1. The parties hereby expressly consent to the fact that this Agreement is concluded at the address of the Administration's office.
13.2. By entering into this Agreement, the User hereby declares that:
13.2.1. he/she warrants that he/she has all necessary rights to the writings included in the information materials and that the information materials provided by him/her for posting is not contrary to the legislation of the Republic of Belarus, does not violate the rights and legitimate interests of third parties (personal, property, copyright), does not prejudice their honor and dignity and contains no illegal materials;
13.2.2. the provided information materials are free from any right of claim by any third-party and there are corresponding contracts concluded with authors (performers) of works, under which compensation is paid to them for all uses of their works, and that authors (performers) allow the use the works included in the information materials without mentioning the names of authors (performers);
13.2.3. the information provided by him/her during the registration of the order for the provision of the Services is complete, true and exact;
13.2.4. he/she realizes and agrees that some information, which he/she provided during ordering the Services, can be available for third parties, due to the requirements of the legislation of the Republic of Belarus.
13.3. If any of the terms of this Agreement becomes null and void, is considered illegal or is excluded from this Agreement, it does not cause invalidity of other terms of this Agreement that will remain legal and are compulsory for execution by all the Parties.
13.4. All the issues not regulated by this Agreement should be resolved in accordance with the current legislation of the Republic of Belarus, as well as local normative documents of the Administration, if they are in accordance with the current legislation of the Republic of Belarus.
14. Details of the Parties
14.1. The parties agree unconditionally to deem the information specified by the User when placing an order for the provision of the Services as the User's details.
14.2. Details of the Administration:
Auwords ©, Individual Entrepreneur Petrakevich Sergei Sergeevich
UNP: 391535303
E-mail: support@auwords.com
for Compensated Information Services dated 07.07.2023
1. Definitions Used in this Agreement
1.1. Website Auwords, located at auwords.com (hereinafter - Site) - a commercial resource where messages are posted on behalf of the Administration, and also provides visitors of the Site the opportunity for targeted communication by posting a variety of messages in the public domain for other visitors to learn about them.
1.2. The terms and definitions used in the Agreement have the following meaning:
1.2.1. User - Internet user who wishes to use the services of the Site and concludes the Agreement with the Owner of the Internet resource (Administration).
1.2.2. Nick (Name) - the name of the user, under which he wrote a message on the site, which is displayed along with the messages of this user of the site.
1.2.3. Administration - IE Petrakevich S.S., UNP: 391535303.
1.2.4. Moderator - a person authorized by the Administration, engaged in moderation.
1.2.5. Moderation - actions of the Moderator aimed at compliance with the Agreement by the Users.
1.2.6. Identification is a set of measures to establish information about the User.
1.2.7. Account - is an aggregate of the User's data, indicated during registration, necessary for the identification of the User.
1.2.8. Information Services (Services) - services for posting various messages on the Site auwords.com on a fee basis, including the capabilities of other Internet services.
2. Subject of Public Offer Agreement
2.1. The Administration commits itself to provide the User with Services to post various messages on the site www.auwords.com in the public domain for other visitors to learn about them, and the User agrees to accept the Services provided by the Administration and pay for them in the manner and on the terms defined in this Agreement.
2.2. Messages are posted on "Home" and "History" pages of auwords.com.
2.3. The minimum period for posting of a User's message on the "Home" page of auwords.com website is 24 hours from the moment of posting until the posting of other messages. On the "History" page of auwords.com, the messages are posted on a first-come, first-served basis indefinitely.
2.4. The maximum size of a message is 295 characters.
2.5. The maximum size of the Nick (Name) is 70 characters.
2.6. The Administration has the right to engage third parties to fulfill its obligations hereunder, and also use the services / works of third parties to ensure the possibility of providing the Services hereunder.
2.7. The Parties agree that the Services provided hereunder should be provided in the form determined by the Administration. Administration is not responsible and does not provide any guarantees in case of impossibility to provide Services or interruptions in provision of Services (delays, failures, safety and reliability of delivery of mail, safety of any user information, etc.).
3. Procedure for the Conclusion of the Agreement
3.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus) under which the Administration assumes responsibility for providing the Services to an uncertain range of persons (Users) who have requested the above-mentioned Services.
3.2. Publication (posting) of the text of this Agreement on the website at the following address: auwords.com/public is a public offer (offer) of the Administration intended for an indefinite range of people to enter into this Agreement (section 2 of Article 407 of the Civil Code of the Republic of Belarus).
3.3. The entering into this Agreement is performed by way of accession of the User to this Agreement, i.e., by means of acceptance (acceptance) of the terms and conditions of this Agreement by the User in general, without any conditions, exceptions and provisos (art. 398 of the Civil Code of the Republic of Belarus).
3.4. The fact of acceptance of the terms of this Agreement by the User is payment by the User of the ordered Services in the manner and on the terms specified in this Agreement (art. 408, par. 3 of the Civil Code of the Republic of Belarus).
3.5. On condition of compliance with the procedure of its acceptance this Agreement is considered to be concluded in a simple written form (art. 404, paras. 2, 3 and 3 of art. 408 of the Civil Code of the Republic of Belarus).
4. Cost, Payment Arrangements and due Dates
4.1. The services cost provided by the Administration is determined by the Administration and is informed to the User before providing the Services.
4.2. The Administration has the right to form the prices of the provided Services and change them independently in accordance with the current legislation. The changed prices for the Services are valid from the date specified by the Administration.
4.3. The paid Services are provided by the Administration in full and complete, regardless of changes in prices for them.
4.4. The User based on the request for the payment for the ordered Services issued by the Administration must make full prepayment at the moment of the issue of the request.
4.5. Payment of the Services without receiving the confirmation from the Administration about the possibility of providing the Services (by requesting payment for the ordered Services) is not permitted.
4.6. The money paid by the User in payment for the Services is not returned to the User, except in cases when the Services have not been provided due to the fault of the Administration.
4.7. The Users make payment for the ordered Services by international bank transfer.
4.8. Liabilities for payment for Services are considered to be fulfilled from the date when the money enters the current account of the Administration.
5. Procedure of Delivery-Acceptance for Rendered Services
5.1. Provision of Services according to this Agreement to the User is confirmed by the fact of placement of User's information message on pages: auwords.com and auwords.com/history and by the fact that no written claims have been filed by the User regarding the Services provided by the Administration.
6. Rights and Obligations of the Parties
6.1. The Administration undertakes:
6.1.1. provide Services to the User in the volume and within the period agreed upon by the parties to this Agreement (hereinafter referred to as the "Parties") and specified in this Agreement;
6.1.2. provide the possibility of posting information messages submitted by the User on auwords.com and ensure their availability in the Internet during the period specified in item 2.3. of this Agreement;
6.1.3. provide the User with advice by email during working hours (from 9-00 to 18-00 GMT+3, except weekends and official public holidays) about the issues that arise with the User concerning the provision of the Services;
6.1.4. ensure confidentiality of the information submitted by the User, except cases when provision of access to such information by third parties is a necessary condition for provision of the Services, or is required by the legislation of the Republic of Belarus.
6.2. The Administration has the right to:
6.2.1. suspend or terminate the provision of Services, or terminate this Agreement unilaterally, if the User does not fulfill his obligations under this Agreement;
6.2.2. delete any information of the User posted on auwords.com if the User does not pay for the ordered Services;
6.2.3. refuse to post information messages of the User if it considers that the content of such information violates the current legislation of the Republic of Belarus, is offensive, violates any rights and lawful interests of other persons, or is in conflict with this Agreement;
6.2.4. keep the information about all connections of the User to information and technical resources of the Administration, including IP-addresses, cookies and addresses of requested pages, if such information was received in the course of provision of the Services;
6.2.5. not to accept for consideration the User's claims submitted after the deadline for submission of such claims (section 6.3.4 below);
6.2.6. change the technical characteristics and parameters of software and hardware, used in the provision of the Services, if such changes are intended to support the workability of software and hardware or to improve their functioning, including with temporary (up to two days) suspension of provision of the Services, on a scheduled or unscheduled basis.
6.3. The User undertakes:
6.3.1. comply with the terms and conditions of this Agreement and pay to the Administration for the Services ordered in the terms, amounts and periods specified in the Agreement;
6.3.2. not to do any activity within the framework of the Services to any extent aimed at:
6.3.2.1. undermine network security;
6.3.2.2. disrupting the work of hardware and software in the Internet;
6.3.2.3. organization of network attacks on any resources available through the Internet;
6.3.2.4. organization of bulk mailings of advertising or other nature (spam), except when such mailing is initiated by the recipients themselves or is made with their prior consent;
6.3.2.5. posting and distribution of information, the content of which conflicts with the legislation of the Republic of Belarus or the norms of international law.
6.3.3. ensure safety and confidentiality of the official information received from the Administration (links, names and passwords of access, mobile phone numbers of the Administration specialists, etc.);
6.3.4. in case of any claims about the Services provided by the Administration, notify the Administration in writing within twenty-four hours from the date when the User knows or should have known about non-performance or improper performance of their obligations under this Agreement by the Administration;
6.3.5. in case of claims from third parties to the Administration, submit to the Administration the documents and other evidence confirming the User's copyright for the materials.
6.4. The User has the right:
6.4.1. require from the Administration the proper provision of Services;
6.4.2. receive from the Administration during working hours (from 9-00 to 18-00 GMT+3, except weekends and national holidays) consultations by e-mail in matters arising in connection with the provision of the Services;
6.4.3. terminate this Agreement in case of:
6.4.3.1. non-performance or improper performance by the Administration of its obligations to provide the Services under this Terms and Conditions;
6.4.3.2. disagreement with the changes and/or additions to this Agreement made by the Administration.
7. Liability and Responsibility of the Parties
7.1. The Party at fault is responsible for non-performance or improper performance of its obligations under this Agreement in accordance with the current legislation of the Republic of Belarus, taking into account the specifics provided by this Agreement.
7.2. The Administration is released of liability for the losses incurred by the User, directly or indirectly, as a result of full or partial use of the Services or the impossibility to use the Services in the following cases:
7.2.1. if the losses are incurred due to replacement, repair or adjustment of equipment, software or other works caused by the need to maintain the workability or to improve the software and hardware of the Administration;
7.2.2. if the losses are incurred due to actions or omissions of third parties or due to malfunctioning of telecommunication channels, data transmission networks, information resources or services, as well as accidents (failures) in power electrical or computer networks outside the Administration's own resources or the functioning of which may not be affected by it;
7.2.3. if the losses are caused by errors or harmful components in the software used on the Administration's servers or other servers of the Internet, as well as in the software used by the User;
7.2.4. if the losses are incurred due to non-observance by the User of confidentiality of its personal account data or other information of private nature, as well as due to unauthorized access of third parties to technical or information resources of the User.
7.3. The Administration is not responsible for the content of the informational materials provided by the User, as well as for the content of the information posted on the User's information resources.
7.4. The Administration is not responsible and does not give any explicit or implicit guarantees (including guarantees of the rights or suitability for particular purposes) for any information, goods or services, distributed by the User or third parties via the Internet, including if they are posted, offered or distributed at the own information resources of the Administration.
7.5. The parties hereunder unconditionally agree that the maximum number of damages that may be recovered from the Administration is limited by the amount of the User's paid Services, default or improper performance of which caused damages.
7.6. Liability restriction of the Administration, stipulated by section 7.5 above, cannot be applied in the following cases:
7.6.1. the amount of liability for this type of obligations or for this violation is determined by the legislation of the Republic of Belarus;
7.6.2. nonperformance or improper performance by the Administration of its obligations under this Agreement is a consequence of its direct intent.
7.7. The User is responsible for any actions made by him/her in the course of use of the Internet, information resources or services of the Administration, as well as for the consequences of such actions itself.
7.8. The User is responsible for any actions of third parties, including unauthorized ones, which took place due to non-observance by the User of the confidentiality of its personal account data or other information of private nature, as well as for the consequences of such actions.
7.9. The User is solely responsible for possible copyright violations, violation of trademarks and other norms of law of the Republic of Belarus related to the fact of publishing of the User's information materials in the Internet on the Administration's information resources.
7.10. The User shall compensate to the Administration any losses incurred by the Administration in relation to publication of the User's information materials on the Administration's information resources the content of which is contrary to law of the Republic of Belarus.
8. Circumstances of Insuperable Force
8.1. The parties are released of liability for partial or full non-performance of their obligations under this Agreement if it is a consequence of force majeure circumstances (force majeure) occurred after conclusion of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent by reasonable measures.
8.2. Circumstances of insuperable force include events upon which a Party cannot influence and for the occurrence of which it is not responsible, such as: war, rebellion, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government regulations, government orders (decrees), laws and other normative acts of competent authorities, adopted after acceptance of this Agreement and which make it impossible to fulfil the obligations set forth in this Agreement and also the actions of state or local government authorities or their representatives preventing the performance of the terms of this Agreement, or other unforeseen circumstances, including, but not limited to, malfunctions in the city power grid, technical problems at Internet transit sites and other malfunctions in transmission networks outside the sphere of influence of the Parties.
8.3. Upon the circumstances of insuperable force, preventing the fulfillment of obligations under this Agreement, the period of fulfillment of such obligations by the Parties is postponed in proportion to the time of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.
8.4. If the circumstances of insuperable force continue to be in force for more than the period specified in section 8.3 above, or when at their occurrence it becomes obvious to both Parties that the circumstances will last longer than that period, the Parties undertake to discuss possibilities of alternative ways of performance of this Agreement or its termination without indemnification of losses.
9. Advices and Notices
9.1. The Parties agree that they unconditionally agree that the texts of the documents received via the communication channels (e-mail) have the same legal effect as the documents issued in simple written form in hard copy, except for the cases when execution of documents in hard copy is obligatory due to the requirements of this Agreement.
9.2. The Parties unconditionally agree that all correspondence, advices and notices received by e-mail addresses specified in this Agreement as details of the Parties are considered as delivered to the addressee in proper form.
9.3. The Parties should check the correspondence received to their e-mail addresses without undue delay.
9.4. The Party is responsible for all risks related to occurrence of unfavorable consequences due to non-observance of requirements of section 9.3 above which allowed the violation.
10. Term of the Agreement and Termination Order
10.1. This Agreement is considered to be concluded from the date of crediting the funds paid by the User to the settlement account of the Administration for the ordered Services in accordance with the issued request for the payment of the ordered Services.
10.2. The Agreement is valid during an indefinite period until its termination in accordance with the procedure specified in this Agreement.
10.3. This Agreement may be terminated by:
10.3.1. by agreement between the Parties;
10.3.2. unilaterally by the initiative of the Administration according to section 6.2.1. above;
10.3.3. unilaterally at the initiative of the User according with section 6.4.3 above.
10.4. The User unconditionally agrees that in case of termination of this Agreement in accordance with section 10.3.1 or section 10.3.2 hereof, the User loses the right to demand from the Administration the return of any amounts paid for the Services, even if the term of the Services has not expired.
11. Procedure for the Introduction of Amendments and Additions to the Agreement
11.1. Amendments and/or additions to this Agreement are introduced unilaterally by the decision of the Administration.
11.2. Amendments and/or additions introduced to the Agreement by the Administration upon its own initiative come into effect from the date of their approval.
11.3. Amendments and/or additions introduced to this Agreement by the Administration due to the changes in the legislation come into effect simultaneously with the coming into effect of the changes in these legislative acts.
11.4. The text of amendments and/or additions of this Agreement or a new edition is made available to the public by the Administration by posting (publishing) the relevant information on the official website of the Administration at the following address: auwords.com/public-changes.
11.5. The posting (publication) of the texts of amendments and/or additions to this Agreement or their new edition is posted on the official website of the Administration at the following address: auwords.com/public-changes by the Administration no later than five calendar days before the effective date of the amendments and/or additions (except for the case specified in section 11.3 above). The User shall be deemed to be notified of such amendments and/or additions by posting the amendments and/or additions by the Administration at the specified address from the moment of their posting.
11.6. If the User disagrees with the introduced amendments and/or additions, the User has the right to terminate this Agreement in accordance with section 6.4.3 above.
11.7. The termination notice of the Agreement is also considered to be any written notification of the User on paper of disagreement with the amendments and/or additions introduced, or of non-acceptance of the new edition of this Agreement or of refusal to comply with its terms and conditions.
11.8. The Parties agree unconditionally that silence (absence of written notices of termination of this Agreement, or non-acceptance of certain provisions of this Agreement, including changes in prices for the Services) shall be deemed consent and adherence of the User to the new edition of this Agreement (section 3 of article 159 of the Civil Code of the Republic of Belarus).
12. Dispute Settlement Procedure
12.1. The Parties agree to resolve all disputes and disagreements concerning this Agreement through negotiations.
12.2. If the Parties cannot resolve all disputes in the manner specified in section 12.1 above, all disputes arising out of this Agreement, including those concerning its conclusion, change, termination, performance, invalidity should be presented before a court under the laws of the Republic of Belarus.
13. Other Conditions
13.1. The parties hereby expressly consent to the fact that this Agreement is concluded at the address of the Administration's office.
13.2. By entering into this Agreement, the User hereby declares that:
13.2.1. he/she warrants that he/she has all necessary rights to the writings included in the information materials and that the information materials provided by him/her for posting is not contrary to the legislation of the Republic of Belarus, does not violate the rights and legitimate interests of third parties (personal, property, copyright), does not prejudice their honor and dignity and contains no illegal materials;
13.2.2. the provided information materials are free from any right of claim by any third-party and there are corresponding contracts concluded with authors (performers) of works, under which compensation is paid to them for all uses of their works, and that authors (performers) allow the use the works included in the information materials without mentioning the names of authors (performers);
13.2.3. the information provided by him/her during the registration of the order for the provision of the Services is complete, true and exact;
13.2.4. he/she realizes and agrees that some information, which he/she provided during ordering the Services, can be available for third parties, due to the requirements of the legislation of the Republic of Belarus.
13.3. If any of the terms of this Agreement becomes null and void, is considered illegal or is excluded from this Agreement, it does not cause invalidity of other terms of this Agreement that will remain legal and are compulsory for execution by all the Parties.
13.4. All the issues not regulated by this Agreement should be resolved in accordance with the current legislation of the Republic of Belarus, as well as local normative documents of the Administration, if they are in accordance with the current legislation of the Republic of Belarus.
14. Details of the Parties
14.1. The parties agree unconditionally to deem the information specified by the User when placing an order for the provision of the Services as the User's details.
14.2. Details of the Administration:
Auwords ©, Individual Entrepreneur Petrakevich Sergei Sergeevich
UNP: 391535303
E-mail: support@auwords.com
Terms of Services
1. Definitions Used in this Agreement
1.1. Website Auwords, located at auwords.com (hereinafter - Site) - a commercial resource where messages are posted on behalf of the Administration, and also provides visitors of the Site the opportunity for targeted communication by posting a variety of messages in the public domain for other visitors to learn about them.
1.2. The terms and definitions used in the Agreement have the following meaning:
1.2.1. User - Internet user who wishes to use the services of the Site and concludes the Agreement with the Owner of the Internet resource (Administration).
1.2.2. Nick (Name) - the name of the user, under which he wrote a message on the site, which is displayed along with the messages of this user of the site.
1.2.3. Administration - IE Petrakevich S.S., UNP: 391535303.
1.2.4. Moderator - a person authorized by the Administration, engaged in moderation.
1.2.5. Moderation - actions of the Moderator aimed at compliance with the Agreement by the Users.
1.2.6. Identification is a set of measures to establish information about the User.
1.2.7. Account - is an aggregate of the User's data, indicated during registration, necessary for the identification of the User.
1.2.8. Information Services (Services) - services for posting various messages on the Site auwords.com on a fee basis, including the capabilities of other Internet services.
2. Subject of Terms and Conditions
2.1. These Terms of Service defines the procedure of provision of Services to Users, and establishes mutual rights and obligations of the Parties involved in these Terms of Service.
2.2. The Parties agree that the Services, rendered in accordance with these Terms of Service, shall be provided in the form determined by the Administration. Administration does not incur any liabilities and provides no guarantees in case of impossibility to provide Services or interruptions in provision of Services (delays, failures, safety and reliability of delivery of correspondence, safety of any user information, etc.).
2.3. The parties to these Terms of Service on the one hand are individuals - users of auwords.com Services and on the other hand - IE Petrakevich S.S.
3. Procedure for Concluding Terms of Service
3.1. These Terms of Service is a contract of adhesion, its conclusion is effected through the User's acceptance of the provisions of these Terms of Service in the manner prescribed by clause 398 of the Civil Code of the Republic of Belarus, i.e. by accession to these Terms of Service as a whole without any conditions, exclusions or provisos.
3.2. Consent to these Terms of Service can be manifested as:
3.2.1. the User posts messages on the Site;
3.2.2. the User pays for the Services;
3.2.3. the User visits the Site. In this case, the User understands and agrees that the Administration will treat the use of the Site by the User as acceptance of the Terms of Service from the appropriate moment of time.
3.3. Ignorance of Terms of Service not only doesn't release User from liability for their violation, but is a violation itself and an aggravating circumstance.
4. Rights and Obligations of the User
4.1. Any Internet user has the right to browse the Site. Only the Users, who have paid for the services, have the right to use the services of the Site.
4.2. The User has the right to post information messages on the Site after their Identification and Payment. The User has the right to express their own opinion on any topic, subject to the restrictions established by the current legislation of the Republic of Belarus, these Terms of Service and the rights of third parties.
4.3. The User undertakes to be bound by the Terms of Service.
4.4. In case of disagreement with, these Terms of Service, the User undertakes to withdraw from further use of the Site.
4.5. The User undertakes to provide complete, accurate and reliable information during the identification procedure in accordance with the questions of the registration form.
4.6. User undertakes not to take actions aimed at undermining network security or disrupting the Site, software and hardware of the Administration.
4.7. When posting Messages and the Nick, the User should adhere to the legislation of the Republic of Belarus, act in good faith, reasonably and prudently. The User should be sensible of the fact that by virtue of his/her ability to browse the Site from anywhere in the world, the User with its messages and Nick can violate the legislation of any state and can be held liable for this violation under the legislation of such state (for example, denying the Holocaust is considered a crime according to the legislation of some states).
4.8. If the User posts messages and Nic, he/she confirms that he/she has all necessary rights to do so, does not violate rights of third parties, as well as any laws and other acts of a mandatory nature.
4.9. The User has no right to copy (reproduce), distribute, publish, download, transmit, alienate or otherwise use in whole or in part the Information on the Site, posted by other Users or Administration, without prior permission of such other User (copyright holder, who is not a user) or the Administration. In order to use (copy) such information, the User should contact the User, find out who is the copyright holder in respect of the above Information, and obtain the permission to use such Information.
4.10. The User undertakes not to use the Site for illegal purposes.
4.11. The User undertakes not to use the Site, in particular, for:
4.11.1. violation of intellectual property rights;
4.11.2. abuse (defamation), slander, disparagement of the honor, dignity, business reputation of individuals, disparagement of the business reputation of organizations, etc;
4.11.3. posting of pornographic materials;
4.11.4. incitement of ethnic hatred;
4.11.5. posting appeals to change the government in an unconstitutional way;
4.11.6. posting information about how to make explosives and organize terrorist acts;
4.11.7. posting information about how to commit suicide;
4.11.8. posting of state secrets and commercial secrets (know-how etc.);
4.11.9. posting of information about minors without consent of their guardians or parents;
4.11.10. posting any other information, which is obviously or incidentally capable of causing harm to any persons;
4.11.11. posting personal data of third parties (in particular, telephone numbers, residence address) without their consent;
4.11.12. selling or informing about narcotic drugs or psychotropic substances and their precursors;
4.11.13. posting messages and (or) materials that contain information dissemination of which is prohibited by the legislation of the Republic of Belarus.
4.12. The User undertakes also:
4.12.1. not modify the software of the Site or any part thereof in any way;
4.12.2. not gain access to the Site with rights that allow to control the Site or any part of it;
4.12.3. not to expose the Site to malicious software, hacker attacks, etc.
4.13. The User has the right to terminate the Terms of Service at any time. To terminate the Terms of Service, the User should contact the Site Administration by sending an email to support@auwords.com from the email account specified during registration.
5. Rights and Obligations of the Administration
5.1. The Administration has the right to store, process and submit the data, provided by the User in the registration form, as well as the information about posting and/or changing the User's information messages and/or materials on the Site, the date and time of posting and/or changing; information about the network (IP) address of the User's device, assigned during the identification of the User on the Site, the changes of the User's identification data during the term of the Terms of Service and within one year after its termination in accordance with the current legislation.
5.2. The Administration has the right to suspend or terminate the rights of the User to use all or some functionality of the Site in case of violation of these Terms of Service (including if it considers that the information provided by the User in the registration form is not the case).
5.3. The Administration has the right to expand the functionality of the Site, change the volume, nature and ways of using the Site, including restrictions of technical services: the number of personal messages, the volume and number of attached files, the availability and number of lines of attached advertising information, the maximum number of recipients of messages, the maximum message length on the Site, the collection frequency of information by a search engine, a list of supported protocols, port numbers used and other technical characteristics and parameters.
5.4. The Administration has the right to change the technical characteristics and parameters of software and hardware used on the Site, including the temporary suspension of work of the Site.
5.5. The Administration reserves the right to store (archive) any messages of the User on the Site, Nicks in order to save (provide) the evidence in any civil, criminal, administrative case.
5.6. The Administration has the right to send service, information and advertising messages, including those concerning the operation of the Site, changes in the functionality of the Site and these Terms of Service, warnings, cautions, actions of other users of the Site and other issues, to the address provided by the User during the registration.
5.7. The Administration has the right to delete and change messages and (or) materials of User without any explanation.
5.8. The Administration is responsible to provide Services to the User in accordance with these Terms of Service.
5.9. The Administration must undertake to take measures to protect from the loss, and disclosure without the consent of the User of information provided during the Identification (except for the situations described in section 5.5 above).
6. Rights and Obligations of the Moderator
6.1. The Moderator has the right to delete and change any information posted by the User on the Site without prior notice.
6.2. The Moderator has the right, to request additional necessary information from the User to resolve the issue in case of any questions/disputes.
7. Requirements for Using of the Site
7.1. User's Nick:
7.1.1. user's Nick should be consisted of more than one character and should not be more than 70 characters;
7.1.2. using rude, offensive or obscene language in the Nick is prohibited;
7.1.3. it is forbidden for User to choose a Nick that is identical or confusingly similar to the Nick of any other registered User, and to post messages on behalf of that User;
7.1.4. the User's Nick should not violate the requirements of the legislation of the Republic of Belarus.
7.2. The rules for writing messages:
7.2.1. the User's message should be more than one character and should not exceed 295 characters;
7.2.2. you should comply with the legislation of the Republic of Belarus when writing messages. It is forbidden to post messages that violate the legislation of the Republic of Belarus or suggest someone to violate it;
7.2.3. it is prohibited to post messages that contain calls for violation of the current legislation;
7.2.4. it is prohibited to post messages, which contain racist statements or incite ethnical hatred;
7.2.5. respect the copyright of works of science, literature, art in writing messages. It is necessary to indicate the source and the author when quoting;
7.2.6. when writing messages respect commercial and state secrets. It is forbidden to post messages containing information restricted for distribution in accordance with the law, contract or other agreement;
7.2.7. when writing messages, respect the right to personal privacy. It is forbidden to post messages containing information concerning the personal life of other users without their permission, including disclosure of the content of correspondence, telephone and other messages of personal correspondence, real names and other personal data (addresses, phone numbers, places of work, etc.) of other users;
7.2.8. it is prohibited to post messages that contain unsubstantiated information, which can inflict harm to the honor, dignity, business reputation of a physical person or business reputation of a legal entity, knowingly false information, slander;
7.2.9. it is prohibited to post messages containing dishonest methods of discussion in the form of "twisting" statements of interlocutors, provocation to a violation of these Terms of Service;
7.2.10. it is forbidden to post messages containing rude, obscene expressions and insults in any form - messages, rude in tone, as well as unmotivated, subjective criticism.
8. Moderation
8.1. The Moderators and Administration are responsible for compliance with these Terms of Service. The Moderators and Administration can warn, edit and delete messages of Users.
8.2. The messages of Users on the Site are pre-moderated, i.e. the Moderators and Administration check messages for compliance with these Terms of Service before posting such messages. At the same time the Administration does not guarantee the checking of absolutely all messages - the responsibility for possible violation of these Terms of Service and the legislation, including legislation of any state, rests solely with the User.
8.3. The pre-moderation process may take up to 24 hours after a message is sent.
8.4. If the User thinks that any messages violate the legislation of the Republic of Belarus or international rules, these Terms of Service, contain commercial secrets or can harm individual persons or legal entities, the User has the right to inform about it by e-mail to support@auwords.com.
8.5. All suggestions, comments and feedback on the Site should be reported by e-mail to support@auwords.com.
8.6. The User has the right to appeal against the actions of the Moderator only in relation to him/herself.
9. Liability. Liability Restrictions
9.1. All messages reflect the views of their authors; the User is solely responsible for the information disseminated in their messages.
9.2. The Administration does not have the relevant knowledge and resources (including human resources) to monitor all messages and check them for compliance with the law. Therefore, the Administration does not undertake any responsibility for the accuracy and legality of messages published by Users on the Site.
9.3. The Administration seeks to promote legal compliance when the Users post information on the Site, but does not substitute the state authorities, which are intended to prevent violations of the law and the rights and legitimate interests of citizens and organizations.
9.4. The Administration reserves the right not to participate in disputes and discussions, not to evaluate the submitted evidences and not to delete messages if there is no unambiguous possibility to evaluate the compliance of the message with the legislation and this Terms of Service.
9.5. In accordance with the legislation, law enforcement, tax and judicial authorities of the Republic of Belarus have the right to apply to the Administration for the information about any User, who posted information on the Site, within their competence, and the Administration is obliged to provide them with all available information.
9.6. The User, who posted information, should be ready, if it is required, to provide evidence of its lawfulness and legitimacy.
9.7. The Administration reserves the right to involve the User as witness, third party, corespondent in court and law enforcement agencies.
9.8. The Site operates on the terms "as is", and the Administration does not guarantee its quality, the ability to use it at any time of their choice. The Administration also does not guarantee the authenticity of the information on the Site, the Site security (including the lack of viruses), continuity and lack of failures, errors or external interference in the functioning of the Site. The Administration does not guarantee the operability of the Site at any time.
9.9. By virtue of the actions of users of the Site messages may be obscene, offensive, misleading, incorrect, unreliable, and Administration is not responsible for any damage caused by such messages. The Administration is not responsible for any information on the Site, which appears as a result of using the Site of the Users, does not control the appearance of such information and is not responsible for any damage caused by such information. The Administration does not guarantee that the information posted by the Users on the Site is complete, useful and truthful, and is not responsible for such information. Due to the significant information flows, which are created as a result of operation of the Site, the Administration has no possibility to review all information, which the User intends to post on the Site.
9.10. The Administration does not guarantee that the Site will be compatible and / or work with any software on your computer.
9.11. Users' messages on the Site can contain links to other sites or resources. Whereas the Administration has no control over other sites or resources, the Administration is not responsible for the functionality of such sites or resources, as well as the content, advertising, materials, goods and services available on such sites or resources. The Administration is not responsible for any damage caused to you by third parties who have posted such links.
10. Copyright
10.1. By posting the message, the User confirms that it has all necessary rights to post this message.
10.2. With posting a message on the Site, the User assigns the rights free to the Administration to use it in any form and by any means, including, but not limited to: reproduction, distribution, display, performance, translation, transformation (processing), broadcasting, cable transmission, wire or other similar means.
10.3. Third parties should obtain the consent of Users, who posted this information, or the Administration, when using (citing) information from the Site, and is obligatory to give a link to the Site.
11. Change Procedure of Terms of Service
11.1. These Terms of Service (including any of its items) can be changed by the Administration at any moment without the User's consent. New version of these Terms of Service will be effective as of the time of its posting on the Site, except as otherwise provided by the new version of these Terms of Service.
11.2. If the User does not agree with the amendments and/or additions made, the User should refuse from further using of the Site. If the User uses the Site after the date of the modification of these Terms of Service, the Administration can consider such fact as the consent to the amended the Terms of Service.
11.3. The current version of the Terms of Service is always available at https://auwords.com/policies. The User should check the Terms of Service for any changes on his/her own.
12. Dispute Settlement Procedure
12.1. The Parties agree to resolve all disputes and disagreements concerning the Terms of Service through negotiations.
12.2. If the Parties cannot resolve all disputes in the manner specified in section 12.1 above, all disputes arising out of these Terms of Service, including those concerning its conclusion, change, termination, performance, invalidity should be presented before a court under the laws of the Republic of Belarus and local normative documents of the Administration, provided that they are in accordance with the laws of the Republic of Belarus.
13. Contacts
Auwords ©, Individual Entrepreneur Petrakevich Sergei Sergeevich
UNP: 391535303
E-mail: support@auwords.com
1. Definitions Used in this Agreement
1.1. Website Auwords, located at auwords.com (hereinafter - Site) - a commercial resource where messages are posted on behalf of the Administration, and also provides visitors of the Site the opportunity for targeted communication by posting a variety of messages in the public domain for other visitors to learn about them.
1.2. The terms and definitions used in the Agreement have the following meaning:
1.2.1. User - Internet user who wishes to use the services of the Site and concludes the Agreement with the Owner of the Internet resource (Administration).
1.2.2. Nick (Name) - the name of the user, under which he wrote a message on the site, which is displayed along with the messages of this user of the site.
1.2.3. Administration - IE Petrakevich S.S., UNP: 391535303.
1.2.4. Moderator - a person authorized by the Administration, engaged in moderation.
1.2.5. Moderation - actions of the Moderator aimed at compliance with the Agreement by the Users.
1.2.6. Identification is a set of measures to establish information about the User.
1.2.7. Account - is an aggregate of the User's data, indicated during registration, necessary for the identification of the User.
1.2.8. Information Services (Services) - services for posting various messages on the Site auwords.com on a fee basis, including the capabilities of other Internet services.
2. Subject of Terms and Conditions
2.1. These Terms of Service defines the procedure of provision of Services to Users, and establishes mutual rights and obligations of the Parties involved in these Terms of Service.
2.2. The Parties agree that the Services, rendered in accordance with these Terms of Service, shall be provided in the form determined by the Administration. Administration does not incur any liabilities and provides no guarantees in case of impossibility to provide Services or interruptions in provision of Services (delays, failures, safety and reliability of delivery of correspondence, safety of any user information, etc.).
2.3. The parties to these Terms of Service on the one hand are individuals - users of auwords.com Services and on the other hand - IE Petrakevich S.S.
3. Procedure for Concluding Terms of Service
3.1. These Terms of Service is a contract of adhesion, its conclusion is effected through the User's acceptance of the provisions of these Terms of Service in the manner prescribed by clause 398 of the Civil Code of the Republic of Belarus, i.e. by accession to these Terms of Service as a whole without any conditions, exclusions or provisos.
3.2. Consent to these Terms of Service can be manifested as:
3.2.1. the User posts messages on the Site;
3.2.2. the User pays for the Services;
3.2.3. the User visits the Site. In this case, the User understands and agrees that the Administration will treat the use of the Site by the User as acceptance of the Terms of Service from the appropriate moment of time.
3.3. Ignorance of Terms of Service not only doesn't release User from liability for their violation, but is a violation itself and an aggravating circumstance.
4. Rights and Obligations of the User
4.1. Any Internet user has the right to browse the Site. Only the Users, who have paid for the services, have the right to use the services of the Site.
4.2. The User has the right to post information messages on the Site after their Identification and Payment. The User has the right to express their own opinion on any topic, subject to the restrictions established by the current legislation of the Republic of Belarus, these Terms of Service and the rights of third parties.
4.3. The User undertakes to be bound by the Terms of Service.
4.4. In case of disagreement with, these Terms of Service, the User undertakes to withdraw from further use of the Site.
4.5. The User undertakes to provide complete, accurate and reliable information during the identification procedure in accordance with the questions of the registration form.
4.6. User undertakes not to take actions aimed at undermining network security or disrupting the Site, software and hardware of the Administration.
4.7. When posting Messages and the Nick, the User should adhere to the legislation of the Republic of Belarus, act in good faith, reasonably and prudently. The User should be sensible of the fact that by virtue of his/her ability to browse the Site from anywhere in the world, the User with its messages and Nick can violate the legislation of any state and can be held liable for this violation under the legislation of such state (for example, denying the Holocaust is considered a crime according to the legislation of some states).
4.8. If the User posts messages and Nic, he/she confirms that he/she has all necessary rights to do so, does not violate rights of third parties, as well as any laws and other acts of a mandatory nature.
4.9. The User has no right to copy (reproduce), distribute, publish, download, transmit, alienate or otherwise use in whole or in part the Information on the Site, posted by other Users or Administration, without prior permission of such other User (copyright holder, who is not a user) or the Administration. In order to use (copy) such information, the User should contact the User, find out who is the copyright holder in respect of the above Information, and obtain the permission to use such Information.
4.10. The User undertakes not to use the Site for illegal purposes.
4.11. The User undertakes not to use the Site, in particular, for:
4.11.1. violation of intellectual property rights;
4.11.2. abuse (defamation), slander, disparagement of the honor, dignity, business reputation of individuals, disparagement of the business reputation of organizations, etc;
4.11.3. posting of pornographic materials;
4.11.4. incitement of ethnic hatred;
4.11.5. posting appeals to change the government in an unconstitutional way;
4.11.6. posting information about how to make explosives and organize terrorist acts;
4.11.7. posting information about how to commit suicide;
4.11.8. posting of state secrets and commercial secrets (know-how etc.);
4.11.9. posting of information about minors without consent of their guardians or parents;
4.11.10. posting any other information, which is obviously or incidentally capable of causing harm to any persons;
4.11.11. posting personal data of third parties (in particular, telephone numbers, residence address) without their consent;
4.11.12. selling or informing about narcotic drugs or psychotropic substances and their precursors;
4.11.13. posting messages and (or) materials that contain information dissemination of which is prohibited by the legislation of the Republic of Belarus.
4.12. The User undertakes also:
4.12.1. not modify the software of the Site or any part thereof in any way;
4.12.2. not gain access to the Site with rights that allow to control the Site or any part of it;
4.12.3. not to expose the Site to malicious software, hacker attacks, etc.
4.13. The User has the right to terminate the Terms of Service at any time. To terminate the Terms of Service, the User should contact the Site Administration by sending an email to support@auwords.com from the email account specified during registration.
5. Rights and Obligations of the Administration
5.1. The Administration has the right to store, process and submit the data, provided by the User in the registration form, as well as the information about posting and/or changing the User's information messages and/or materials on the Site, the date and time of posting and/or changing; information about the network (IP) address of the User's device, assigned during the identification of the User on the Site, the changes of the User's identification data during the term of the Terms of Service and within one year after its termination in accordance with the current legislation.
5.2. The Administration has the right to suspend or terminate the rights of the User to use all or some functionality of the Site in case of violation of these Terms of Service (including if it considers that the information provided by the User in the registration form is not the case).
5.3. The Administration has the right to expand the functionality of the Site, change the volume, nature and ways of using the Site, including restrictions of technical services: the number of personal messages, the volume and number of attached files, the availability and number of lines of attached advertising information, the maximum number of recipients of messages, the maximum message length on the Site, the collection frequency of information by a search engine, a list of supported protocols, port numbers used and other technical characteristics and parameters.
5.4. The Administration has the right to change the technical characteristics and parameters of software and hardware used on the Site, including the temporary suspension of work of the Site.
5.5. The Administration reserves the right to store (archive) any messages of the User on the Site, Nicks in order to save (provide) the evidence in any civil, criminal, administrative case.
5.6. The Administration has the right to send service, information and advertising messages, including those concerning the operation of the Site, changes in the functionality of the Site and these Terms of Service, warnings, cautions, actions of other users of the Site and other issues, to the address provided by the User during the registration.
5.7. The Administration has the right to delete and change messages and (or) materials of User without any explanation.
5.8. The Administration is responsible to provide Services to the User in accordance with these Terms of Service.
5.9. The Administration must undertake to take measures to protect from the loss, and disclosure without the consent of the User of information provided during the Identification (except for the situations described in section 5.5 above).
6. Rights and Obligations of the Moderator
6.1. The Moderator has the right to delete and change any information posted by the User on the Site without prior notice.
6.2. The Moderator has the right, to request additional necessary information from the User to resolve the issue in case of any questions/disputes.
7. Requirements for Using of the Site
7.1. User's Nick:
7.1.1. user's Nick should be consisted of more than one character and should not be more than 70 characters;
7.1.2. using rude, offensive or obscene language in the Nick is prohibited;
7.1.3. it is forbidden for User to choose a Nick that is identical or confusingly similar to the Nick of any other registered User, and to post messages on behalf of that User;
7.1.4. the User's Nick should not violate the requirements of the legislation of the Republic of Belarus.
7.2. The rules for writing messages:
7.2.1. the User's message should be more than one character and should not exceed 295 characters;
7.2.2. you should comply with the legislation of the Republic of Belarus when writing messages. It is forbidden to post messages that violate the legislation of the Republic of Belarus or suggest someone to violate it;
7.2.3. it is prohibited to post messages that contain calls for violation of the current legislation;
7.2.4. it is prohibited to post messages, which contain racist statements or incite ethnical hatred;
7.2.5. respect the copyright of works of science, literature, art in writing messages. It is necessary to indicate the source and the author when quoting;
7.2.6. when writing messages respect commercial and state secrets. It is forbidden to post messages containing information restricted for distribution in accordance with the law, contract or other agreement;
7.2.7. when writing messages, respect the right to personal privacy. It is forbidden to post messages containing information concerning the personal life of other users without their permission, including disclosure of the content of correspondence, telephone and other messages of personal correspondence, real names and other personal data (addresses, phone numbers, places of work, etc.) of other users;
7.2.8. it is prohibited to post messages that contain unsubstantiated information, which can inflict harm to the honor, dignity, business reputation of a physical person or business reputation of a legal entity, knowingly false information, slander;
7.2.9. it is prohibited to post messages containing dishonest methods of discussion in the form of "twisting" statements of interlocutors, provocation to a violation of these Terms of Service;
7.2.10. it is forbidden to post messages containing rude, obscene expressions and insults in any form - messages, rude in tone, as well as unmotivated, subjective criticism.
8. Moderation
8.1. The Moderators and Administration are responsible for compliance with these Terms of Service. The Moderators and Administration can warn, edit and delete messages of Users.
8.2. The messages of Users on the Site are pre-moderated, i.e. the Moderators and Administration check messages for compliance with these Terms of Service before posting such messages. At the same time the Administration does not guarantee the checking of absolutely all messages - the responsibility for possible violation of these Terms of Service and the legislation, including legislation of any state, rests solely with the User.
8.3. The pre-moderation process may take up to 24 hours after a message is sent.
8.4. If the User thinks that any messages violate the legislation of the Republic of Belarus or international rules, these Terms of Service, contain commercial secrets or can harm individual persons or legal entities, the User has the right to inform about it by e-mail to support@auwords.com.
8.5. All suggestions, comments and feedback on the Site should be reported by e-mail to support@auwords.com.
8.6. The User has the right to appeal against the actions of the Moderator only in relation to him/herself.
9. Liability. Liability Restrictions
9.1. All messages reflect the views of their authors; the User is solely responsible for the information disseminated in their messages.
9.2. The Administration does not have the relevant knowledge and resources (including human resources) to monitor all messages and check them for compliance with the law. Therefore, the Administration does not undertake any responsibility for the accuracy and legality of messages published by Users on the Site.
9.3. The Administration seeks to promote legal compliance when the Users post information on the Site, but does not substitute the state authorities, which are intended to prevent violations of the law and the rights and legitimate interests of citizens and organizations.
9.4. The Administration reserves the right not to participate in disputes and discussions, not to evaluate the submitted evidences and not to delete messages if there is no unambiguous possibility to evaluate the compliance of the message with the legislation and this Terms of Service.
9.5. In accordance with the legislation, law enforcement, tax and judicial authorities of the Republic of Belarus have the right to apply to the Administration for the information about any User, who posted information on the Site, within their competence, and the Administration is obliged to provide them with all available information.
9.6. The User, who posted information, should be ready, if it is required, to provide evidence of its lawfulness and legitimacy.
9.7. The Administration reserves the right to involve the User as witness, third party, corespondent in court and law enforcement agencies.
9.8. The Site operates on the terms "as is", and the Administration does not guarantee its quality, the ability to use it at any time of their choice. The Administration also does not guarantee the authenticity of the information on the Site, the Site security (including the lack of viruses), continuity and lack of failures, errors or external interference in the functioning of the Site. The Administration does not guarantee the operability of the Site at any time.
9.9. By virtue of the actions of users of the Site messages may be obscene, offensive, misleading, incorrect, unreliable, and Administration is not responsible for any damage caused by such messages. The Administration is not responsible for any information on the Site, which appears as a result of using the Site of the Users, does not control the appearance of such information and is not responsible for any damage caused by such information. The Administration does not guarantee that the information posted by the Users on the Site is complete, useful and truthful, and is not responsible for such information. Due to the significant information flows, which are created as a result of operation of the Site, the Administration has no possibility to review all information, which the User intends to post on the Site.
9.10. The Administration does not guarantee that the Site will be compatible and / or work with any software on your computer.
9.11. Users' messages on the Site can contain links to other sites or resources. Whereas the Administration has no control over other sites or resources, the Administration is not responsible for the functionality of such sites or resources, as well as the content, advertising, materials, goods and services available on such sites or resources. The Administration is not responsible for any damage caused to you by third parties who have posted such links.
10. Copyright
10.1. By posting the message, the User confirms that it has all necessary rights to post this message.
10.2. With posting a message on the Site, the User assigns the rights free to the Administration to use it in any form and by any means, including, but not limited to: reproduction, distribution, display, performance, translation, transformation (processing), broadcasting, cable transmission, wire or other similar means.
10.3. Third parties should obtain the consent of Users, who posted this information, or the Administration, when using (citing) information from the Site, and is obligatory to give a link to the Site.
11. Change Procedure of Terms of Service
11.1. These Terms of Service (including any of its items) can be changed by the Administration at any moment without the User's consent. New version of these Terms of Service will be effective as of the time of its posting on the Site, except as otherwise provided by the new version of these Terms of Service.
11.2. If the User does not agree with the amendments and/or additions made, the User should refuse from further using of the Site. If the User uses the Site after the date of the modification of these Terms of Service, the Administration can consider such fact as the consent to the amended the Terms of Service.
11.3. The current version of the Terms of Service is always available at https://auwords.com/policies. The User should check the Terms of Service for any changes on his/her own.
12. Dispute Settlement Procedure
12.1. The Parties agree to resolve all disputes and disagreements concerning the Terms of Service through negotiations.
12.2. If the Parties cannot resolve all disputes in the manner specified in section 12.1 above, all disputes arising out of these Terms of Service, including those concerning its conclusion, change, termination, performance, invalidity should be presented before a court under the laws of the Republic of Belarus and local normative documents of the Administration, provided that they are in accordance with the laws of the Republic of Belarus.
13. Contacts
Auwords ©, Individual Entrepreneur Petrakevich Sergei Sergeevich
UNP: 391535303
E-mail: support@auwords.com