This User Agreement hereinafter "UA" covers user's use of the Web site on the Internet hereinafter "Net" at http://virtualtestament.com and referred to as "Virtual Testament" hereinafter "VT" between "VT" and the properly registered customer of the site applying to him according the following sections: Section 3 and Section 4.1 of this User Agreement.
By using "VT" user agrees to be legally bound by the following terms of "UA" which may be changed by "VT" without special notification. The most urgent and actual "UA" version is always available on the page at http://virtualtestament.com/eng/agreement.php.
2. How and when user may use the Service
The "VT" service with the help of Web interface at http://virtualtestament.com provides the saving and delivery of the users’ e-mail messages in time and on certain conditions. There is to be the delivery after user's failing in the stated time to call on the unique link, sent to the user's e-mail address. The saved letters' delivery is made at the stated by user receivers' addresses. The letters containing the unique link are sent with the stated by user periodicity.
The "VT" service is provided for the users having the access to the Internet and the installed software required for the work with the Web-Interface only at http://virtualtestament.com, based on "UA".
3. "UA" coming into force
4. User is responsible for registration, password and security
4.1 The user should get registered:
a. fill in the registration form;
b. accept the terms of "UA" according to the Section 3 of "UA".
4.2 After finish the registration process, user will get Login and Password to the access to the "VT" management personal interface. The user is responsible for the security of his Login and Password and also for all activity under his Login and Password. "VT" has right to prohibit the use of certain Logins and/or limit their use. User must tell us right away about anyone using his Login and Password without his consent, or any security breach that relates to the service. The user agrees to finish all his activity under his Login and Password (link "Logout") at the end of each work session with the "VT" service. “VT” is not responsible for the possible data loss or data damage which may be happened because of the user’s breach of this Section of "UA".
4.3. The all sections of this "UA" are liable for all "VT" users registered before.
5. The registered user’s conduct
The user recognizes and agrees to be fully responsible for either text of his e-mail messages, all information or facts stated as registration form information used through the "VT" service. It means the user is fully responsible for all information to be given through the "VT" service. “VT” doesn’t control the information to be saved or sent with the help of its mail service and therefore doesn’t guarantee the accuracy, completeness and quality of this information. The user recognizes his full responsibility of using the service "VT" because of the receivers of his letters may find and see the information, which is abusive, mean, and being doubtful in its nature. In no case "VT" is fully responsible for the texts provided by the users of its service.
The user agrees not to use the service “VT” for:
a) keeping and delivery of the information which is illegal one of any nature: harmful, threatening, morals insulting, slanderous, violating, plagiarizing, infringing the rights of the third parties including copyright, etc., making propaganda out of hatred and/or racial, ethnic, sexually oriented, social features;
b) breaking the rights of under age persons and/or doing anyway harm to them;
c) infringing the rights of minorities;
d) delivering or transmitting of any materials which the User has no right to make available to the public according to the law or any contract terms;
e) delivering or transmitting of any materials which infringing the rights of the third parties including patent, trade mark, trade secrets, copyright and/or privacy, publicity, personal or proprietary rights and related rights of the third parties;
f) delivering or transmitting of any materials which are advertising in nature, unsolicited commercial e-mail (spam) of any kind (pyramid scheme, etc.). The "VT" user also agrees not to transmit the same or very similar materials to more than 10 addressees, unsolicited commercial e-mail – spam, and also more than one time e-mail message delivery to one and the same addressee. The "VT" e-mail messages directed to the customers and containing "VT" concerned materials are considered not to be spam;
g) delivering or transmitting of any materials which are containing the serial numbers of the commercial software, key generating program for cracking, also logins, passwords and other means to get unauthorized access to the Internet resources which are not free of charge, also providing the aforesaid information links, except the user is a legal owner of this information and has the right to use it in any way he likes;
h) deliberate or casual breach of applicable local, state and international laws;
i) sending, transmitting of e-mail messages containing rude and insulting expressions and offers addressed to anyone.
6. Non-commercial use
The user agrees not to reproduce, copy, republish, sail and retail, use some "VT" service parts for commercial purposes, use service and access to them except the cases when the user has been given the permission to do it. "VT" is not responsible for any agreements between the user and any third parties.
7. General use and keeping
7.1 The user agrees the right of "VT" to limit the service use including e-mail message keeping, maximum quantity of them which may be sent by one and the same registered user, e-mail message maximum size and etc. "VT" is not responsible for any matter related to delays or failures, incorrect or ill-timed delivery, deletion or no safe keeping of any part of user’s information.
7.2. The user agrees the right of "VT" not to guarantee the quantity more than two of receivers’ addresses to be mailed with one and the same message at once.
7.3 The user agrees the right of "VT" to change the terms of this contract at any time with or without notice to him.
8. Registration limitation
The user agrees the right of "VT" to limit or cancel the use of the User’s Password and delete any part or content with or without cause including the breach of "UA". For the service’s test mode work "VT" may cancel the service at any time with or without notice to the user; the user also agrees "VT" is not responsible for any user’s access limitation. After changing the way of payment from free of charge to the paid one the way of possible service’s work cancellation or preterm user’s cancellation of service on "VT" initiative would be agreed in "UA".
The user has the right of cancellation of "VT" service and refusal of using his account through using a special interface. It follows that the stated account will be deleted. "VT" reserves the right to delete any User’s account in case of this "UA" breach.
"VT" reserves the right to pause temporarily or cancel providing the "VT" service, inform the user about it in time.
9. "VT" property rights
The user recognizes and agrees that the "VT" service and all required programs are protected by the law including copyright, trade mark, patents, intellectual property law and other Russian Federation and international laws.
"VT" grants the user a personal right which can’t be rented or transferred to use the software provided in the service with the help of one computer on condition that nor the user neither other persons with the user’s assistance will not copy or change the software; create the new programs based on the topical software; crack the software to get program code; retail, rent, lease, transfer any rights concerned with the service software to third parties or other activities and provided to the user via "UA", and to upgrade the service including the desire to get unauthorized access to it.
10. No warranty
The user recognizes and agrees that:
a) The User makes use of "VT" at one’s own risk. We provide the service "as-is"; "VT" is not actually responsible for the "VT" accordance to the User’s goals;
b) "VT" doesn’t guarantee: the service will meet all the User’s demands; the service will be provided without delays, always in time, reliably and without mistakes; the results which may be got with the use of the service will be exact and reliable; the quality of some product, service, information, etc. which may be got with the use of the service will meet the User’s expectations; all the mistakes which occur in the programs will be corrected.
c) "VT" is not responsible for all kinds of losses: direct or indirect arising from the misuse or impossibility of the service use; not authorized access to the User’s communications; because of the third parties using the service.
11. General information
11.1 If there is no amended agreement between the user and "VT" all the claims, inquiries, questions, other correspondence are to be sent to "VT" e-mail address firstname.lastname@example.org.
11.2 "UA" is a legally committing agreement between the User and "VT" and covers his use of the "VT" service.
11.3 The user and "VT" agree if there is any conflict between these terms specific appearing elsewhere on "UA" will be subject to the laws of Russian Federation.
11.4 During the service test mode because of its free of charge way of payment we agree that consumer protection laws can’t be applied to it. After the changing of the way of payment of the service it will be amended to observe these terms.
11.5 No activity can be interpreted as the establishment of any agent relations, comradeship, team-work relations, lease rights relations or hiring or other relations which are not provided by "UA" between the user and "VT".
11.6 A court may hold any term void and not to be executed but this doesn’t mean invalidity or non-execution the rest of the "UA" terms.
11.7 Evidence of no activity on the side of "VT" in case of the user’s or other users’ breach of "UA" terms doesn’t deprive "VT" of the right to take appropriate activity to defend its interests later.
12. The privacy of communication with the "VT" service
12.1 The "VT" service functions on the common public hosting servers. The hosting’s personnel and administration have access to the information placed on them and they are not responsible for this information.
12.2 The "VT" service provides the protection from unauthorized access from Web interface, and also necessary privacy of information concerned with the "VT" users, except the cases which are subject to the laws of Russian Federation.
12.3 All the e-mail messages are sent by the standard method without use of any ways of cryptographic protection. Thus the "VT" service isn’t responsible for getting the access to the private e-mail messages during the sending-delivering process.
13. Censorship and Filtering
The "VT" service has no censorship. The user’s e-mail messages to be sent are not the subject of the examination of their content.
14. Community rules principle of the users of Internet
The "VT" users and the "VT" service respect the rights of the third parties, observe established traditions and Internet ethics, don’t infringe any law, norm of morals having the malicious purposes by abusing of the "VT" service’s resources.
15. Technical resources of "VT" and their use
15.1 Technical features and resources of “VT” consist of but are not confined reduced to the following functions:
a) user’s profile authoring and its editing;
b) unlimited quantity functional tasks creating and keeping on your account;
c) test mode e-mail messages delivery with established periodicity;
d) typed message delivery at the stated by user addresses (no more than 10) after his failing in the stated time to call on the unique link sent to his e-mail address during the period of time he wanted.
15.2. The text message size included into the functional task can’t exceed 64 Kb.
15.3 All letters are sent in the text format and have no attached files.
15.4 "VT" has right to perform the service "VT" users’ delivery of messages containing the information concerned with the "VT" service’s organizational and technical matters, and also the advertising materials. The frequency of such delivery doesn’t exceed 1 time a week.
16. Information security
16.1 The user and “VT” commit themselves to keep the user’s account access password secret.
16.2. Since the users' passwords being kept scrambled, "VT" has no opportunity to read them, then can't transmit them to the third parties.
16.3 It is the user’s duty to change the access password to his "VT" account in time.
16.4 If the user has lost his access password he can make an inquiry to change it. The new one will be sent to the e-mail box stated in the user’s profile.
16.5 In case of any noticing of unauthorized service use the user is to inform the "VT" service of it in a day term.
17. The delays in providing the "VT" service
"VT" has right to perform the "VT" complex preventive maintenance (PM) with the temporary "VT" work stopping at first noticing "VT" users of the PM beginning and its finishing term one day beforehand.
Under no circumstances such as force majeur, damages or breakdowns of the software-hardware complexes of the third parties collaborating with us or the third parties’ activities towards "VT" work stopping or even ceasing of "VT" functioning the "VT" service is not responsible for its possible work stopping without the users’ notification.
After the service’s work resuming all the tasks to be fulfilled will be fulfilled.
18. The way of considering the claims and complaints
To settle all disputes between the user and "VT" as a result of "VT" use the following way of considering the complaints is applied.
The user considering his rights and interests have been violently infringed because of “VT” activities sends the latter his complaints via e-mail to the following e-mail address email@example.com.
In 5 (five) working days term since getting the claims and complaints "VT" is to expound its grounds on the stated principal matters, inform and send its answer to the e-mail address stated in the letter of the complaints.
In case of unattainability of settlement of a dispute or claim by means of claim procedure, the dispute is subject to the terms of "UA".
The anonymous claims and complaints which don’t allow identifying the user on the basis of his registration data are not to be examined.