1.Service (Rule and Term).

Service comprises utilization on Executor's network resources, in particular:

1. access (transport) to Internet, e-mail;
2. opportunity to pass access files to local (regional) and international information sources (Internet-newspapers, magazines or other mass media facilities) and data bases;
3. personal access to balance and statistics indicators on using Service ( according to terms, providing confidential information about User).

The withdrawal on some services from Service is determined by Executor, with respect to terms in the concrete agreement, payment plan/tariff classes and other factors.

1.2. As soon as Service develops and new Internet-technologies emerge, tested and to be used within Service, Executor notifies User both about expanded Service and rules, and terms for new Service segment. Nonetheless, new Service segments, if their utilization calls for additional payment, can be provided to User only under mutual reconciliation on size, rule and terms for such a payment in this Agreement.

2.Service access

The Service is provided via technical facilities of telemathic services, located in city of Baku. The access for terminal equipment, owned by User, to above-mentioned technical facilities runs through data-passage network, owned by Executor, or common telephone network, laid telephone networks, selected communication channels and operator-networks in international computer network Internet, including its Azeri segment.

3.Executor

3.1 Executor assures Service at any time and provides round the clock consultation (note-contact information annexed).

3.2 Service can be rejected under circumstances, envisaged in effect Licenses, including, if :

• -Service can threat security or defense capacity in country, health and personal security;
• -Service can't be provided in light of any physical, topographic or other natural problems;
• -User doesn't agree with Service terms or make in-time disbursement for services;
• -User utilizes or intends to utilize communication facilities for any illegal purposes or illegally assigns Service , maintains equipment by violating technical exploitation rules, or utilizes non-certified equipment.

3.3 The authorized state bodies have primary utilization right and can suspend activity, realized by telemathic services, and Executor's facilities, under natural disasters, quarantine and other extraordinary situations.

3.4 Executor provides absolute priority to any messages, relevant to personal security in sea, land, air, space, urgent defense measures, public order in activity territory of Executor, and messages about significant breakdowns, catastrophes, epidemic, epizootic and natural disasters.

3.5 Under conditions (circumstances) of insuperable force.

   3.5.1. According to this Agreement, Parties aren't responsible to each other for non-execution or improper execution on commitments, caused by circumstances, which are adverse to will and wish of Parties and can't be foreseen or escaped, including announced and real war, civil problems, epidemics, blockade, embargo, earthquake, flood, fire, application of laws which hinder to execute this Agreement by Parties.

   3.5.2. Since insuperable circumstances ceased, each Party should execute its commitments, following this Agreement.
  

   3.5.3. The insuperable force postpones execution on commitments for a period, in course of which such a force occurs. If Party doesn't live up to commitments, following this Agreement, for three months, each Party can cancel this Agreement unilaterally but notify another Party at least two weeks in advance to proposed cancel date, in written form (e-mail) or any other means via contact coordinators, submitted by parties under User's initial registration.

4. User

User can utilize Service on his own at any time and for any purpose, except for those prohibited by laws and rules in activity territory of Executor and pointed in clause 7 in this Agreement. Besides, Service software shouldn't be duplicated under utilization. (see clause 4.1).

4.1 Prohibition on duplicating Service software

If User utilizes direct access to Service via switched lines, Executor provides User with Service software. This software is envisaged only for access to Service and subject to License Agreement between Executor and software owner. The License agreement prohibits to duplicate this software. The User accepts this demand and undertakes full responsibility if this point of Agreement isn't carried out.

4.2 Service Utilization via Internet networks

User accepts term that it can utilize, via Service facility, both Service and its component-segments, and global network Internet. This Agreement notifies User that, beside information, products and services, clearly pointed as to be provided by Service, neither Executor nor its branches don't deliver and control information, services and products in Internet. Consequently, User accepts term, according to which all goods, information and services, offered and available via Service or Internet, except for those clearly pointed as to be provided by Service, are provided by third parties, not linked to Executor. In this case, User undertakes full responsibility and risks for using Service and Internet. Neither Executor nor its branches don't assure any warranty, clear or unclear (including but not limited within warranty on rights and suitability for a concrete purpose), on any goods, information and services, delivered through Service or Internet, as a whole. Neither Executor nor its branches won't be responsible for any costs or damage, directly or indirectly resulted from such supplies. User undertakes responsibility for evaluating accuracy, completeness and suitability for all opinions, evaluations, services and another information, quality and functions, goods, provided via Service or Internet, as whole. User accepts term that Internet contains of materials, expressing (or reflecting) private opinion of third parties and/or group of third parties (as well as governmental, non-governmental and/or public organizations, institutions, firms), including: Information carrying sexual character (in different forms of publishment and distribution) and not envisaged for under-age persons;

Data carrying public-political and social character, which can comprise, in User's view, of offensive information (in different forms of publishment and distribution) .
Executor shall not control order and terms of publishment of such materials ( clauses 4.3.1. and 4.3.2) in Internet and carries no any responsibility.

5. Absence of Warranty under providing Service

    5.1 Service is provided daily within round the clock system, except for requested prophylactic and repair works, to be planned for a time so as to cause less damage to User.

    5.2 Service is provided "as is" and in form, available for the moment, whilst no direct and indirect warranty is granted (including, but not limited, warranty to use Service for concrete purposes).

    5.2.1 Any information or advise, given by Executor, its branches or Service suppliers, can't be considered as warranty because they are believed to be consultation but not technical method to provide Service.

    5.2.2 Neither Executor nor its branches shall not assure that Service is provided without any problems and mistakes or software and/or other materials don't contain viruses and other harmful components. Neither Executor nor its branches or Service suppliers shall not be responsible for direct or indirect damage to User under using or impossibility to use Service or access to Internet or its component; or damage caused by information, service or goods, delivered by Service or via Service; or damage caused by mistakes, lapses, breaks in work, removal of files, defects, delays or data passage.

     5.3 User not satisfied with Service, terms, rules, quality, content or provision procedure, has a right to terminate utilization on Service. In this case, mutual payments by parties run according to terms stipulated in clause 6, in this agreement.

6.Payment for Service and Purchasing via Service

In order to use service, User needs to maintain positive balance in e-account, opened by Executor. Since all network resources are exhausted, Executor can close up access to its telecommunication network for User. User is obliged to in-time pay network resources until zero balance in e-account.

    6.1.1. The moment of realizing service is a moment when network resources are charged by User via special code in registration server http://secure.oxygen.az. The charged network resources are utilized by User on his own with observance to all provisions of this Agreement. Besides, payment for idle resources isn't returned to User. Information on current networks resources isn't reflected in User's e-account.

    6.2 Executor has a right to suspend ("freeze") Service if balance in e-account becomes zero and Executor hasn't received relevant payment. Executor shall notify User about any changes, relevant to Service according to this Agreement.

    6.3 In case when right for Service is suspended and balance is zero for 90 days (ninety) Executor can't terminate Service and it can be used only through new registration. User is obliged to regularly check e-amount in order to get in-time current information. If User stands against any change to tariff, User should suspend utilization on Service.

     6.4 User can makes shop via Service with respect to (including clause 4.2) following:

• seller or supplier for information or service, selected by User, can request some information from User, including banking card and/ or other payment facility.
• User accepts term that information, submitted to seller or supplier for information or service via Service, will be precise, full and proper for current moment (sending moment).
• sellers or suppliers for information or service via Service, determine their prices independently and can change prices or charge payment for goods, information and services at any time..

    6.5 User shall pay all bills, caused by users on its behalf and password or banking card or other payment facility, according to prices, applied for the moment.

    6.6 User undertakes payment for all taxes, relevant to Service and purchasing via Service.

    6.7 In cases envisaged by laws, applied by Azerbaijan Republic, tariff for Service can be adjusted by government. The disagreements on this problem should be considered according to existing laws in Azerbaijan Republic.

7. Rules on Service Utilization. Under Service utilization, there prohibited following:

    7.1 To limit access to other Users or hinder other Users to utilize Internet

    7.2 To send advertisement, information and other materials without reconciliation with addressee (or under lack bid) and those adverse to themes of electronic issue and conference.

    7.3 To produce (mass) distribution on advertisement, information and other materials among other Internet-users, except for cases when addressee agree to receive materials both on personal e-mail and through electronic issues and conferences of common access, not envisaged for this purpose.

Note 1. Executor has a right to (mass) send messages, relevant to execution on this Agreement.

Note 2. The mass distribution is sending messages to two or more addresses simultaneously whilst User hasn't agreement with addressees. This limit isn't linked to e-subscription.

    7.4 To enter any technological components (nodes), software, data base and other Internet-components without relevant sanction.

    7.5 To send or make available any information in Internet, distribution of which runs adverse to Azerbaijani or international right and common ethics norms.

    7.6 To send any information or software, containing viruses or other harmful components.

    7.7 To send, re-produce, provide or use, in any form and for commercial purpose, information, software, or other materials, fully or partially received via Service ( if it isn't clearly permitted by supplier of such information, software or other products).

    7.8 To send, pass, re-produce or distribute, by any method through Service, software or other materials, fully or partially, protected by copyright or other rights, without owner's permission, as well as to send, pass or distribute, by any method, any component of Service or work based on Service as Service is subject to copyright and other rights.

    7.9 Executor shall not purposely look through or publish any private e-messages (except for cases envisaged by law). Executor should not follow content of information, distributed through Service. Nonetheless, User accepts term that Executor has a right to periodically follow information in Internet and publish any data., if it is needed according to law, demand moved by authorized state institutions, or for normal functioning of Service, or for protecting Executor and other its users, as well as third persons, whose rights and interests could be offended.

    7.10 Executor has a right to reject re-sending or remove, from its servers, any information or materials fully or partially, if they aren't acceptable, undesirable, or offend this Agreement, in Executor's view.

8. Responsibility for Commitment to Agreement

    8.1 Executor has a right to close up access to Service or its part for User, if User is involved to activity, which Executor considers to be violation against this Agreement. If Executor refuses User to provide Service because of such a violation, User has not following rights:

• to get access, through Executor's Service, to any materials, stored in Internet:
• to get access to services, goods and information, owned by third parties in Internet, through Executor's Service, whilst Executor isn't responsible for notifying any third parties about depriving access and implications, caused by lack notification.

     8.2 User shall not attract Executor and its branches as respondent or co-respondent for any commitments and costs, relevant to violation against this Agreement by User or other persons, using User's name and password, according to relevant agreement; or relevant to utilization on Service or Internet; or relevant to placing and passing any message, information, software or other materials in Internet by User or third persons, using User's name and password, according to relevant agreement.

9. Other (Final Provision)

If any point in this Agreement appear not to be subject to literal interpretation, it shall interpreted according to existing law with respect to initial interests of Parties and other part of Agreement shall function at full capacity. If Executor doesn't properly carry out any point in this Agreement, it shall not be considered as refusal to carry out this point. Neither behavior of parties nor analogous services can be used as reason to change any provision in this Agreement. Executor can change this Agreement by notifying such amendments in division "Agreement on Service" (address: http://www.oxygen.az/eng/agreement.html)

If Service is utilized after such a notification, User is believed to agree with these amendments and additions. User undertakes regular monitoring on division "Agreement on Service" to determine such changes. If User stands against any changes and/or amendments, it can terminate utilization on Service. This Agreement is written and must be executed according to laws, applied by Azerbaijan Republic. Any bids and claims, regarding Service, should be moved forward in a year after reason of bid or claim. This Agreement determined all relations between Executor and User, in regards to Service Registration - Agreement