Terms & Conditions of using old.insterra.com Service
1.1. Partner - any individual (citizens of the Russian Federation, citizens of other countries, stateless persons) who has reached 18 years old, and (or) having the right to enter into contracts, registered for the service and bearing full responsibility for all the results from the use of the Service.
1.2. End User - any individual (citizens of the Russian Federation, citizens of other countries, stateless persons) who has reached 18 years old, and (or) having the right to enter into contracts, bearing full responsibility for all the results from the use of the Service, who reached the Service via Partner’s link.
1.3. Partner’s material – any visual or verbal information (data, texts, software, illustrations, audio-, video- or other materials), packed using Service’s tool into the loader.
1.4. Loader - file, distributed by Partner, which contains additional software from advertisers to be installed during the process of getting the packed file.
1.5. Service – hardware and software system which gives the opportunity to pack Partner’s material into the loader, which will be delivered to the End User afterwards.
2. SUBJECT OF THIS AGREEMENT
2.1. This Agreement (hereinafter - Agreement) describes and regulates the relationship between the owner of the service old.insterra.com (hereinafter - Service) on one hand and a person hereinafter referred to as “Partner” on the second hand, and a person hereinafter referred to as “End User” on the third hand, together hereinafter referred to as “Parties”.
2.2. Signing this Agreement on terms of real Offer and unconditional acceptance of this Agreement refers to:
2.2.1. Partner’s registration on Service and acceptance the provisions of this Agreement;
2.2.2. Launch of loader by the End User;
3. TERMS OF PACKING USERS' MATERIAL
3.1. Service is intended only for packing Partners' files.
3.2. It is prohibited to use Service for packing of unlawful files or materials contradicting the legislation of Russian Federation or the norms of international law, such as:
- intellectual property and copyright protected by the law of Russian Federation “On Copyright and Related Rights” and the fourth part of the Civil Code “Rights for the results of intellectual activity and means of individualization” without permission for the use from the author or owner;
- information or software that contains malicious program, or other equal computer code;
- information that encourages illegal activities. Such as - illegal gambling; the illegal sale of weapons; pornographic materials; information containing terrorist propaganda that encourages to incitement of ethnic, racial or religious hatred;
- information that encourages to harm youth in any way;
- information, which includes all forms of violence.
Moreover, it is prohibited for Partner to:
- Distribution the loader via malicious software;
- Referral links spam;
- Choose an incorrect category for your web-site;
- Change installer or software files in any way;
- Attract users to download our software fraudulently;
- Bundle anything together with the installer of the Service;
- Combining us with any kind of Antispyware-affiliate programs;
- Distribute key generators for license software;
- Distribute loaders from sources not approved in Service;
- Cheat installs of advertisers’ components;
- Use malware software to generate traffic;
- Create links for non-existent files;
- Create referral account to your original one;
- Pack into installer paid archives or analogues which require payment as the only way to get the requested file;
- Combine our affiliate program with other networks that pays for installs, launches or downloads;
This list is not full. Service Administration keeps the right to moderate or block created installers at its own decision.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Service is to:
- ensure its obligations to Partners and End Ssers in accordance with the terms provided in this Agreement. Service default may occur in case of force majeure;
- deliver to the Partner management interface and internal account, required to participate in the Partner Program, as well as access to statistics.
- allocate unique code for each partner in order to pack files into the loader as well as special referral links and(or) banners linked with Service;
4.2. Service has the right to:
- change current Agreement, prices and volume of its service unilaterally. All the changes will take effect from the date of publication.
- block any created within Service loaders, that violate terms of this Agreement.
4.3. Partner is required to:
- read and accept this agreement before taking part in Service.
- take the full responsibility for the material he/she packs through the Service in accordance with the terms and conditions of the package and distribution.
- provide full, truly and up to date contact information.
- provide to the End User full and correct information about the content of the requested by the End User Partners’ material.
- in event of claims from the author side, right holders or other 3rd parties regarding the violation of copyright applicable to Partner’s material, Partner who has placed such material is to settle such claims at his/her own expense.
- do not abuse system resources of the Service, likely use software to create errors or create an abnormal load on the server.
4.4. End user is to:
- read the agreement before accepting it.
- take full responsibility for the use of Partners’ materials provided by the Service.
5. SERVICE DELIVERY
5.1.During the process of downloading the requested file – End User is offered additional tools to be installed. Such tools include, but not limited to:
- browser extensions and add-ons
- 3rd party utilities
User can refuse installation of additional software simply unmarking the checkboxes.
5.2.In case the checkboxes are not unmarked, additional components are installed.
6. PARTIES RESPONSIBILITY
6.1. Parties are liable to comply with the rules of this Agreement and the legislation of Russian Federation.
6.2. In no event Service would be liable for:
- financial or any other damage incurred by the Partner due force majeure, such as earthquakes, floods, fires and other natural disasters, war (or fighting), strikes, civil unrest, military coups and other circumstances beyond the control of the Service.
- financial or any other damage incurred by the Partner and (or) the End User, directly or indirectly resulting from the use of Partner’s material, provided by the Service. Service does not check the files for viruses and other software that may harm Partner’s and (or) the end user’s PC and shall not be liable for such files;
- Partner’s or End User’s absence of the required software to work with Service, incorrect file transfer or incorrect software work on Partner’s or End User’s PC;
- the content, accuracy and quality of Partner’s material created with the use of the Service and does not guarantee that the provided material will meet the expectations of the End User;
- for non-performance or improper performance of their obligations as a result of failures in the telecommunications and energy networks, providers, malware actions and unfair acts of third parties aimed at unauthorized access and (or) disabling Service’s software and (or) hardware system.
6.3. Partner’s responsibility in case in case of violations of the rules and conditions of this Agreement, at the discretion of the Service:
- warning letter to Partner’s e-mail;
- fine or discharge of part of Partner’s statistics.
- full lock of Partner’s account and blocking Partner’s access to his/her statistics.
- transfer Partner’s information to the law enforcement agencies.
7. TERM, TERMINATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTES
7.1. The Agreement is valid during period of its location at old.insterra.com
7.2. The Agreement may be terminated upon Parties agreement.
7.3. Either Party may terminate Agreement unilaterally with 30-day e-mail notification.
7.4. Service could terminate the Agreement unilaterally if the Partner violates the conditions of the Agreement.
7.5. All disputes that may arise between the Service and Partner without proper solution on the basis of this Agreement shall be resolved through negotiations, and if it is impossible to reach an agreement - they will be considered by the Arbitration Court in accordance with the current legislation of the Russian Federation.
7.6. In order to solve technical issues in determining the guilt of the Partner as a result of misconduct, such as: violation of rights and (or) the other provisions of this Agreement, Service reserves the right to independently attract competent organizations as experts.
7.7. Complaint dispute resolution is mandatory. Time to respond to the claim is set to be within fourteen (14) days from the date of receipt to e-mail firstname.lastname@example.org
7.8. Service is not involved in the possible disagreements and disputes (including litigation) between the Partner and End User.