“Sarkor-Telekom” Ltd, hereinafter referred to as the “Provider” offers Subscriber services in the Internet (hereinafter referred to as “Services”) in accordance with license UzASI ¹ ÀÀ 0000299 of 26.08.2003 to any legal entity or physical person hereinafter referred to as the “Subscriber”. Making payment by the Subscriber (that is the Internet card activation) for payment of Services and receiving of a correspond financial document confirming fact of payment (article 370 Civil Code of the Republic of Uzbekistan) is considered unconditional accept of the present public offer conditions (hereinafter referred to as the Offer).
TERMINOLOGY:
Login/username - basic identification parameter of the Subscriber.
Password - basic protection means from unsanctioned access to Services. Minimum number of symbols - 6.
Internet-card - Means of payment the Provider services by activation of serial number and pin-code of the Internet card in the Subscriber’s personal Cabinet.
Access point - One kind of services, which are assigned login and password.
Telematic services - Access points such as “E-mail”, “Hosting” and “Usenet”.
Dial-up - Type of the access point reserved for provision of access services to the Internet by dial-up lines of General Use Phone Networks or ISDN (Integrated Services Digital Network).
E-mail- Type of the access point reserved for providing access to the mailbox located on the Provider’s server.
Hosting - Type of the access point reserved for providing the Subscriber access to available hosting services (information location in the Internet) of correspondent type.
Usenet conference- Type of the access point reserved for provision of access to teleconferences server to the Subscriber.
Personal cabinet - Provider’s site section where the personal statistic information of the Subscriber is located. In the personal cabinet also can be available some functions on access points management (on/off, change password, etc).
Spam - Unauthorized and non-requested mass messages by e-mail and other means of information transfer.
1. GENERAL PRÎVISION
1.1 Services are understood as provision the Subscriber access to the Internet global network through dial-up lines networks of general use and also to telematic services numbered herein in the Offer.
2. OBLIGATION OF THE PARTIES
2.2 Obligations of the Provider:
2.2.1 To provide the Subscriber Services by means of registration of the user personal name (login) and password in the Provider’s database.
2.2.2 Provide services in accordance with the sum available on the personal account of the Subscriber and paid in the order fixed in article 3 of the present Offer.
2.2.3 Keep confidentiality of the Subscribers information received from him upon registration and also contents of private messages by e-mail excluding cases provided for the acting legislation of the Republic of Uzbekistan.
2.2.4 Publish official notifications connected with providing services to the Subscriber and tariff changes on the official site of the Provider www.sarkor.com (hereinafter referred to as the “Site”).
2.3 Obligations of the Subscriber:
2.3.1 regularly change the password on the Site in “Personal cabinet” section.
2.3.2 Pay Services in accordance with the chosen tariff plan.
2.3.3 Individually , not less than once a week familiarize with the information about services terms, tariffs and their changes published on the site.
2.3.4 Individually familiarize with his personal account balance in “personal cabinet” section on the site and keep positive balance.
2.3.5 Keep correspondent financial documents provided to the Subscriber confirming payment of services.
2.3.6 Execute all conditions and requirements when using Provider’s services stated in article 4 “ Rules of using services” of the present Offer.
3. COST OF SERVICES AND ORDER OF PAYMENT
3.1 Cost of services is defined in accordance with tariffs stated in article 5 and 7 of the present Offer unless otherwise provided in the Additional Agreements to the Contract on provision of access services to the Internet.
3.2 Tariffing shall be in US dollars. Payment of Services is made in Uzbek soums on the exchange rate on the day of the Internet Card activation.
3.3 The provider reserves the right in unilateral order to revise prices for Services and introduce new tariff plans. The provider shall notify the Subscriber about introduction of new prices publishing note about this on the Site ten days prior to the new tariffs effective date.
3.4 Services are provided upon availability of a positive balance on the Subscriber’s personal account.
3.5 Payment of services is made by means of the Internet-Card activation. Internet-cards can be purchased for cash at the Authorized Dealers of the Provider (Dealers list is published on the Site) as well in the cash-office of the Provider. Purchase by clearing transaction can be made only on the basis of direct agreement with the Provider or Dealer entitled to sale of cards by means of clearing transaction.
3.6 The Subscriber individually bears responsibility for the right execution of payments.
3.7 Payment of Services is considered to be confirmed and the Subscriber’s personal account to be active upon the Internet
card activation on the Site in “Personal Cabinet” section.
4. RULES OF USING SERVICES
While using Services of the Provider the Subscriber shall:
4.1 Keep passwords and other authorization access codes provided by the Provider in absolute safety and secrecy.
4.2 Regularly change password to Services on the Site.
4.3 Not send by e-mail or through the Internet in general any illegal information that contradicts local and international legislation.
4.4 Not distribute and publish by means of Services any software and other materials being copyright without the owner permission.
4.5 Not use guest entrance for any purposes but access to the Site particularly personal statistics.
4.6 Not use Services as means of distribution of not-requested information. Not-requested information shall be interpreted as:
4.6.1 Mass distribution of unauthorized e-mail messages.
4.6.2 Not-agreed sending of e-mail messages of total volume more than 1 page or containing attached files.
4.6.3 Unauthorized sending of e-mail messages of advertising, commercial or agitation character and also letters containing rude or offensive expressions and offers.
4.6.4 Location in any Usenet or other conference, forum or mailing list of article that doesn’t correspond to topic of that conference or mailing list (off-topic). Here and further conference is understood as Usenet teleconferences (news group) and other conferences, forums and mailing lists.
4.6.5 Location in any conference of messages of advertising, commercial or agitation character or messages containing attached files except cases when such messages are evidently allowed by rules of such conference or their location was agreed with owners or administrators of such conference in advance.
4.6.6 Mailing of information to users who earlier expressed obvious unwillingness to receive this information.
4.6.7 Use of personal or provided informational resources (mailboxes, e-mail addresses, WWW-pages , etc.) as contact details for any actions mentioned above disregarding the point in the net from which they are executed.
4.7 The Subscriber is forbidden to
4.7.1 Use identification information (names, addresses, phones , etc.) of third persons except cases when these persons have authorized the user for such use.
4.7.2 Falsification of ones own IP-address, addresses used in other network protocols and also other overhead information upon data transfer to the network.
4.7.3 Use of non-existing return addresses upon sending e0mail messages except cases when use of any resource of the Network obviously permits anonymity.
4.7.4 Location in the Internet and other networks of information and software containing computer viruses.
4.8 Trials of unauthorized access to the Internet resources and other networks, conducting of or participation in network attacks and cracking are not allowed including the following
4.8.1 Prohibited actions directed to missequencing of normal functioning of the Internet and other networks elements (computers, equipment or software) not belonging to the Subscriber.
4.8.2 Prohibited actions directed to unauthorized access including privileged to the Internet and other networks resources (computer, other equipment and informational resource), further use of such access and also destruction or modification of software or data not belonging to the Subscriber without agreement with owners of such software or data or with the administrators of that informational resource.
4.8.3 Prohibited transfer to computers or equipment in the Internet or other networks senseless or useless information creating stray load on these computers or equipment and also intermediate network sections in volumes exceeding minimum necessary for checking of networks connection or availability of its separate elements.
5. TARIFF PLANS
5.1 List and cost of tariff plans is stated in the pricelist for dialup services that is published on the Site.
5.2 Every tariff plan of dialup access provides one free mailbox of 20Mb with the address login@sarkor.uz or login@sarkor.com .
5.3 Explanations to the tariff plans.
5.3.1 In all plans except conditionally unlimited, access to Services is provided for 24 hours.
5.3.2 Access to conditionally unlimited plans is provided only in the stated time interval.
5.3.3 “Universal”, “Freeway Personal”, "Dream" and "Sarkor-Net" plans are registered exclusively on the Internet-Card and the other plans are registered exclusively in the office of the Provider.
5.4 Change of tariff plans is carried out in the Subscribers department of the Provider on presentation of Identity card.
6. ORDER OF WRITING MONEY OFF THE SUBSCRIBER’S PERSONAL ACCOUNT
6.1 In every plan the money are written off the Subscriber’s personal account on the price corresponding to the time limit of the tariff plan. Access to Services is automatically blocked in case the balance on the personal account is less than 0,5 $.
6.2 In plans providing for tariffing of loaded volumes of information money are written off the Subscriber’s personal account as for the time of connection so for volume of loaded (incoming) information.
6.3 If the tariff plan provides for the service fee (note “with service fee”) than upon expiration of the effective period not worked out residuals of the service fee will burn out.
6.4 If the tariff plan provides for restriction of minimum payment period ( note “payment effective period - 12 months) than the Subscriber undertakes to make minimum payment within the fixed period. In case of absence of due payment from the Subscriber on the stated tariff plan the access to services is automatically blocked upon expiration of the payment effective period.
7. OTHER SERVICES
7.1 Registration of domain names, prices are stated in the Pricelist.
7.2 Hosting (location of Websites) prices are stated in the Pricelist.
7.3 Access to HTTP/FTP server is provided only from modem pools of the Provider.
7.4 E-mail services, prices are stated in the Pricelist.
7.5 Mailbox address - name@sarkor.uz or name@sarkor.com.
7.6 Software setting and equipment adjustment, prices are stated in the Pricelist.
8. SPECIFIC CONDITIONS AND RESPONSIBILITY OF THE PARTIES
8.1 The provider not guarantying absolute continuous operation and accuracy of Services takes all steps and measures for non-admission and removal of fails and errors.
8.2 The Provider guarantees possibility of connection between Subscribers and access server of the Provider at the speed rate of not less than 9,6Kbit/sec through dialup lines of phone network of general use upon using of the certified computer equipment, software and modems. This guarantee means that the Provider 24 for hours ensures as the possibility of connection itself so absence of fails in provision of Services and also that the stated connection speed rate will be achieved from the phone line of a concrete Subscriber as there can exist technical reason being beyond the Provider’s control (for example inappropriate quality of phone lines, etc).
8.3 The Provider doesn’t ensure analysis of reasons for unsatisfactory quality of connection of a concrete Subscriber, though in special cases the call of a specialist is possibly for additional payment.
8.4 Provider is not responsible for direct or indirect damage caused to the Subscribes as the result of use or fail to use Services or damaged as the result of errors and breaks in work and other reasons.
8.5 The provider is not responsible for quality of connection channels of general use including city phone network by means of which there is provided access to Services.
8.6 The Subscriber undertakes full responsibility and risks connected with the Internet use by means of Services.
8.7 The Subscriber is fully responsible for safety of his password and losses that can arise due to its unauthorized use.
9. AMENDMENTS TO THE OFFER
9.1 The provider reserves the right to make amendments to any points of the present Offer having located notification on its official site
www.sarkor.com in “Clients” section 10(ten) days prior to the forthcoming changes.
9.2 The Subscriber undertakes to check regularly presence of such changes on notifications and news on the Provider’s official site www.sarkor.com.
10. ORDER OF CLAIMS AND DISPUTES SETTLEMENT
10.1 The Subscriber’s claims on the provided services are accepted by the Provider for consideration only in written form (or by e-mail
info@sarkor.uz) and not later than within 3 days after the disputable situation had arisen. The period of the Subscriber’s claims consideration shall be not more than 14 (fourteen) working days.
10.2 In all question that can not be regulated by the present Offer the parties are guided by the acting legislation of the Republic of Uzbekistan.
11.1 TERMINATION OF ACCESS TO SERVICES
11.1 Termination of access to Services is carried out in case the balance on the Subscriber’s personal account is less than 0,5$ or upon expiration of means effective period on the Subscriber’s personal account.
11.2 The Provide reserves the right to block or terminate provision of Services immediately in case the Subscriber violates any provisions of the Present Offer.
11.3 Payment of Services made by the Subscriber by means of the Internet -Card activation cannot be returned.
11.4 Upon expiration of 60-day period from the moment of blocking ( expiration of the means effective period) of the Subscriber’s personal account all acess points and other information on them is automatically removed form the Provider’s database, frozen residuals will burn out and cannot be returned.