General Terms and Conditions for Provision of Telecommunications Services

GENERAL TERMS AND CONDITIONS

1. GENERAL

1.1. This General Terms and Conditions for Provision of Telecommunications Services ("the Terms and Conditions") shall apply to the telecommunications services provided by EDN Sovintel LLC ("Sovintel") in the major Russian cities to individuals ("the User").

1.2. Sovintel shall provide the User with the Internet session access services and access to the information resources and telematic services of Sovintel's network as well as other ISPs and operators of computer networks integrated into the Internet (hereinafter 'the Service").

1.3. Information about the Service is published by the Contractor at a specific web-page in the Internet: http://wifi.beeline.ru (hereinafter "the Service Site"). Within the scope of the Service the User shall be provided with access to the Personal Cabinet a special section of the Service Site through which the User may get a personal access to the Service controls. The User shall, on a regular basis, review the information placed by Sovintel in the Personal Cabinet and at the Service Site.

1.4. In order to use the Service the User shall possess terminal equipment (PC, PDA, notebook), the requirements to such terminal equipment are published by Sovintel at the Service Site.

1.5. The Services shall be provided in the area covered by Sovintel's license for provision of telematic services. The Service area is displayed by Sovintel at the Service Site.

2. QUALITATIVE PARAMETERS OF THE SERVICE

2.1. The Service is provided twenty four (24) hours a day, seven (7) days a week, three hundred and sixty five (365) days a year.

2.2. Sovintel shall warrant that the qualitative parameters of the Service comply with the standards and technical norms set by the competent state authorities of the Russian Federation and the terms and conditions of Sovintel's license.

3. TERMS FOR PROVISION OF THE SERVICE AND PAYMENT TERMS

3.1. In order to subscribe to the Service the User shall enter the Service Site and pass the registration procedure following the instructions at the Service Site. Upon completion of the registration procedure the User will be provided with a unique user name and password (hereinafter "ID Record") and an electronic personal account - an individual account of the User with a unique number (hereinafter "the Personal Account") will be created in Sovintel's Billing Management System. The ID Record shall be used for authorization of the User to get access to the Service and to get access to the Personal Cabinet. In order to identify the User, in particular when the User lost the ID Record fully or partially the User will be able to specify in the registration data the Key Word i.e. the answer to the check question.

3.2. The rules for User operation with the Personal Cabinet and the Personal Account are published by Sovintel at the Service Site. In order to make an initial advance payment for the use of the Service the User shall, while passing the registration procedure according to the instructions published by Sovintel at the Service Site, activate a card that shall be bought in advance to make prepayment for the Service (hereinafter the "Card") The rules for the issue, distribution and use of the Cards are published by Sovintel at the Service Site. The amount of the initial advance payment for User registration shall not be less than fifty (50) roubles ("the Initial Payment").

3.2. The Service will be provided on a prepaid basis. The prepayment for the use of the Service shall be effected by the User to his/her Personal Account in the amount corresponding to the relevant tariff plan published by Sovintel at the Service Site ("the Tariff Plan") and chosen by the User at registration:
- through activation of prepaid cards in the Personal Cabinet;
- through paying cash to the Sovintel cashier office;
- through making payment via the payment systems if Sovintel has servicing contracts with such systems (the list of payment systems is published by Sovintel at the Service Site). If the prepayment is made via any payment system, the User shall specify the number of his/her Personal Account to identify payment to Sovintel. The date of accepting money to the settlement account of Sovintel shall be deemed as the date of performance of prepayment obligations by the User's.

The Initial Prepayment made by the User at registration shall be counted towards prepayment when the prepayment is made by the User.

3.3. The prices and rates for the Services shall be set in roubles according to the Tariff Plan chosen by the User at registration and may not include amounts of any taxes and levies that are effective as of the effective date of these Terms and Conditions or may be imposed within the term these Terms and Conditions. The terms of the Tariff Plans are published by Sovintel at the Service Site and shall be an integral part of these Terms and Conditions. As the Service is used the money prepaid by the User will be withdrawn by Sovintel according to the effective terms of the Tariff Plan.

3.4. Sovintel may unilaterally change the terms of the Tariff Plans or impose new payments in addition to the existing payments in the procedure set forth in these Terms and Conditions.

3.5. The actual date when the use of the Service commenced shall be determined by Sovintel on the basis of the program call control data or the data of the billing equipment installed in Sovintel's network. The Service shall be deemed to have been provided to the User in the relevant calendar month as of the last day of such calendar month.

3.6. In order to use the Service the User shall keep a positive balance at his/her Personal Account in accordance with the terms of the Tariff Plan chosen by the User. The User shall within the time periods set forth for the Tariff Plan chosen by the User recharge the balance of his/her Personal Account in accordance with the terms of the Tariff Plan chosen by the User, pay for the Service avoiding zero or negative balance of his/her Personal Account, including for the use of the Service by third persons who use the identification data of the User (ID Record, Personal Account number, Key Word). The money paid by the User shall be used in compliance with all provisions set forth in these Terms and Conditions. If the relevant Tariff Plan chosen by the User does not provide for events and conditions for returning the balance of the prepayment made by the User, such prepayment balance shall be recognized by the User as Sovintel's agreed expense.

3.7. Information regarding payments made as prepayment for the Service and the effective term of payments with regard to the User Personal Account shall be displayed in the Personal Cabinet. The user shall check the status of his/her Personal Account on a regular basis to get current information in a timely manner.

3.8. Sovintel shall be entitled to suspend the provision of the Service if the balance of the User Personal Account gets negative or insufficient for withdrawing the payment for the Service as set forth in the Tariff Plan chosen by the User or for other reasons set forth in the Tariff Plan. The right to use the Service shall be resumed upon recharging the balance of the Personal Account of the User in the amount specified in the relevant Tariff Plan chosen by the User.

The User shall be entitled to suspend the use of the Service for the period not exceeding ninety (90) calendar days if such suspension is provided for by the terms of the Tariff Plan chosen by the User. The Users shall follow the instructions published by Sovintel at the Service Site.

If the right to use the Service is suspended and not resumed within ninety (90) calendar days from the date of the Service suspension by Sovintel/date of the Service suspension by the User, the provision of the Service shall be terminated, and the User ID Record shall be deleted.

In such case the right to use the Services may be resumed only through passing the registration procedure as a new User.

3.9. The User shall be fully responsible for non-disclosure and security of the ID Record assigned to him/her at registration and the Kew Word specified by the User, i.e. the data used for the User identification to get access to the Service. The User identification by the Key Word shall be made, among other events, when the User calls the Sovintel Help Desk by phone dialing the numbers published by Sovintel at the Service Site, inter alia in order to change the ID Record (applicable to the password only), in particular, when the ID Record is lost fully or partially, and to make operations accessible to the User in his/her Personal Cabinet, including operations with the User's Personal Account if the Personal Cabinet is not operational. The User shall be liable for actions of persons who use his/her ID Record and/or Key Word.

If the User lost all identification data required to get access to the Service, the identification data may be restored only upon a written request made by the User to Sovintel, provided the User presents documents identifying the User as set forth by Clause 5.1. of theses Terms and Conditions. The locations of Sovintel's sales offices and the working hours of Sovintel's sales offices are published by Sovintel at the Service Site.

3.10. The User shall pay all expenses related to connection to the Service on his/her own.

4. SOVINTEL

4.1. Sovintel shall ensure a possibility for the User to get phone consultations provided by the Help Desk at phone numbers published by Sovintel at the Service Site. The working hours of the Help Desk are published by Sovintel at the Service Site. The consultations shall be limited to specific questions related to the provision of the Service.

5. USER

5.1. The User shall
- at registration as a User specify his/her correct requested personal data, including first, second and patronymic name;
- pay for the Service in full and in a timely manner;
- neither disseminate, sell nor transfer to third persons the Service provided to him/her by Sovintel, nor advertise the Service as a service sellable or transferable to third persons without preliminary written consent of Sovintel;

5.2. The User shall, at any time, be entitled to unilaterally refuse from the use of the Service through actual termination of the use of the Service, provided Sovintel gets compensation for any expenses actually incurred by Sovintel, which under these Terms and Conditions shall include the money balance of the User Personal Account as of the date of the User's refusal to user the Service.

6. ADDITIONAL TERMS AND CONDITIONS

6.1. Sovintel shall be entitled to unilaterally change these Terms and Conditions, Tariff Plans or impose new payments in addition to the existing payments, in particular (including but not limited to) if such changes are caused by introduction of new regulations that directly or indirectly apply to the provision of the Service, through a preliminary written notice to be delivered at least ten (10) days prior to the effective date of such changes. Publication of the relevant information at the Service Site shall be deemed to be the said notice. The notice date shall be the date of publication of the relevant information at the Service Site (hereinafter "the Notice Date"). If the User does not agree to the said changes, the User shall be entitled to refuse to accept the changes within ten (10) days from the Notice Date through terminating the use of the Service. Continued use of the Service upon expiration of the ten day period from the Notice Date shall be deemed to be the User's consent to accept the introduced changes.

6.2. The refusal to provide the Service may be caused by any circumstances upon occurrence of which:
- provision of the Services may threaten the security and defense capability of the state, public health and safety;
- provision of the Service is rendered impossible by physical, topographical or other natural obstructions;
- without any valid reasons the User does not accept the terms and conditions on which the Service is to be provided or does not make payments for provision of the Service in due time;
- the User uses or intends to use the Service for any unlawful purposes or gets the Service in an unlawful manner.

6.3. The User shall accept the condition that the provided Service by virtue of natural conditions of signal propagation may be deteriorated, interrupted or interfered near buildings, in tunnels, basements and other underground facilities, due to terrain and constructions, meteorological conditions or otherwise, and the said circumstances shall not be deemed to be interruption in the provision of the Service and shall not be compensated for by Sovintel.

7. INTERRUPTIONS IN THE PROVISION OF THE SERVICE

7.1. In case of emergency, unsatisfactory quality of or interruptions in the provision of the Service the User shall inform the Help Desk thereabout by calling the phone number published by Sovintel at the Service Site.

7.2. Sovintel shall retain the right to interrupt the provision of the Service for regular maintenance of communications facilities and equipment used for the provision of the Service.

8. ADDITIONAL TERMS AND CONDITIONS

8.1. All disputes and contradictions under these Terms and Conditions shall be settled by court at the location of Sovintel according to effective laws of the Russian Federation.

The users of the Service are forbidden to:

8.2. Restrict the access of other customers or prevent other users access to the Internet.

8.3. Mail advertising, informational and other materials without the consent of (or if they are not requested by) the addressees and mail such materials to thematically inappropriate electronic publications and conferences.

8.4. Carry out blanket mailing of advertising, informational and other materials to other Internet users, except when the addressees agree to receive such materials, either to personal e-mail addresses or via generally accessible electronic publications and conferences which are not intended for this purpose.

8.5. Gain unauthorized access into any technological components (assemblies), programs, databases and other elements of the Internet.

8.6. Mail or make available through the Internet any information if dissemination of such information is contrary to Russian or international law.

8.7. Transmit any information or software which contains viruses or other harmful components.

8.8. Mail, transmit, reproduce, provide or use in any form for commercial purposes the information, software or other materials, fully or in part, which have been received by means of the Service (unless this was expressly allowed by the supplier of such information, software or other products).

8.9. Mail, transmit, reproduce or disseminate by any method, fully or in part, the software or other materials received by means of the Service, if such software or materials are protected by copyrights and other rights, without the owner's consent.

8.10. Sovintel shall not intentionally look through or divulge any private e-mail messages (save the cases provided by law). Sovintel shall not be obliged to monitor the contents of the information disseminated or received by means of the Service. However, the User accepts the condition that Sovintel may periodically check the information passed by means of the Service and disclose any information if this has to be done in accordance with law, requirements of the competent authorities or is necessary for normal functioning of the Service or for the protection of Sovintel and its other users as well as third persons whose legitimate rights and interests were infringed.

Notes:
1) Sovintel reserves the right to carry out blanket mailing of the messages relating to the performance of these Terms and Conditions .
2) "Blanket mailing" means simultaneous sending of messages to two (2) or more addresses when the User does not have the consent of the owners of these addresses to receive such messages (this restriction has nothing to do with the system of electronic subscription).
3) Sovintel shall use its best efforts to prevent unauthorized blanket mailing by third persons.