You are connected to a wireless Internet access network deployed by XXXXX.
For the convenience and comfort of the customers, ХХХХХ offers access to the Internet and various Internet-based applications via Wi-Fi technology.
These terms of service provision of access to the Internet and various applications based on the Internet (hereinafter — the Terms) in accordance with article 435 of the Civil Code of the Russian Federation are an offer addressed to users of the BS, and become an agreement between the User and the Executor on provision of the Service upon the User’s consent to them. Provision of services is carried out on the basis of these Terms of Service which impose restrictions on users to perform actions that may restrict or infringe on the freedoms and rights of other Internet users.
Terms of Service
For the purposes of these Terms and Conditions, the following key terms and definitions apply — XXXXXXX.
User — any adult natural person who needs the Services and has the technical ability to receive them and who is not a payer of value added tax.
Subscriber device — user (terminal) equipment in the User’s legal possession, which provides the User with access to the Executor’s services by connecting this terminal equipment to the BS.
Wi-Fi — one of the formats of digital data transmission over radio channels that provides wireless connection of the User’s equipment to the network to access telematic communication services
BS — Wireless data network deployed in the Contractor’s showrooms.
Wi-Fi network — Wi-Fi Internet access network (hereinafter referred to as «Network»).
Wi-Fi adapter — a device providing pairing of the User’s equipment with the Network.
Service — services of providing free wireless Internet access under Wi-Fi technology.
Other terms used in these Terms and Conditions shall have the meanings given in the applicable laws of the Russian Federation
- The user uses the Service provided by the Executor on a free-of-charge basis under the terms of these Terms.
- Acceptance of these Terms is a prerequisite for all persons wishing to use the Service.
- Under the technical possibility is meant the presence of the User in the area of a strong radio signal reception of the Executor’s access point and access to the Service with the configured Equipment of the User and the software. Setting up the software and the User’s Equipment is performed by the User.
- The term of these Terms is not limited.
- Contractor may unilaterally make any changes to these Terms, provided that the User is informed of such changes in a timely manner.
- The Service may have restrictions on the speed of access to the Internet, the duration of the session of access to the Internet, the duration of the session of access to the Internet, and limitation on the amount of data transmitted.
- Before using the Service, the User must read these Terms.
- The User’s consent to the Terms is expressed by the fact of the User’s actions under these Terms, namely — connection to the BS, which means unconditional acceptance of these Terms without any exceptions or limitations.
The user, who performed the actions stipulated in paragraph 8, is deemed to have read and agreed to these Terms for the duration of the Terms until they are amended.
- The Contractor reserves the right to send out «fan» (mass) messages to users in connection with the fulfillment of these Terms. By «fan» (mass) mailing is meant simultaneously sending messages to two (2) or more addresses, which the initiator of the mailing has no consent of the owners of these addresses (this restriction in no way applies to the electronic subscription system).
- User, by connecting to the BS, unconditionally expresses prior consent to receive advertising through the use of telephone, fax, mobile radio telephone communication or advertising, distributed in any other way at the discretion of the Contractor.
- The Contractor shall be entitled to identify Users in the manner prescribed by the Contractor, including through the establishment of subscriber number assigned by the operator to the User in accordance with the agreement on the provision of mobile radio telephone services, and to process and store identification data of the User, as well as information about identifiers of terminal Equipment of Users in order to provide the Services.
- The Contractor shall not collect personal data (information that allows uniquely identifying an individual) of Users.
- During the use of the Service, the Provider may collect and process the following information:
(a) Data that the User provided on their own by filling out forms and questionnaires on the Portal;
b) technical information, including the type and version of User’s browser, time zone, types and versions of auxiliary programs installed in the browser, operating system and platform, etc;
c) information about the use of the Service, including the path of travel with complete unified indexes of information resource (URL) (including date and time); including, but not limited to, the duration of visits to certain pages.
- The main purpose of collecting the information specified in clause 13 of these Terms is to optimize the information provided to Users when accessing the Internet through the BS.
- By accepting these Terms the User agrees to use the information specified in clause 13 of these Terms when the Contractor conducts marketing research, research on demographic data, interests and behavior of users on the basis of the data provided when using the BS, analysis and generation of anonymous and statistical information that does not contain personal identifying information. The results of these studies may be made available to third parties.
- Provider shall not intentionally view or disclose any private messages, including e-mail or other electronic means of communication (except as required by law). Provider is not obliged to monitor the content of information distributed or received through the Services. However the User accepts the condition that the Executor has the right to periodically monitor the information passing through the Services and to disclose any information if it is necessary according to the law, requirements of authorized state bodies, institutions, or for the normal functioning of the Service, or to protect the Executor and its other users, or third parties, whose legal rights and interests were violated.
- In accordance with the requirements of applicable law, by accepting these Terms, the User expresses prior consent to receive advertising (promotional information) in any form and in any form as part of the use of the Services, including by displaying promotional, informational and other materials or messages on the Subscriber’s device.
- In accordance with these Rules, the Service shall include provision of the User with access to the Internet through the BS. 19.
- To receive the Service, the User shall have the equipment with a built-in Wi-Fi Adapter.
- To establish a connection to the Internet, the User shall:
a) establish connection between his/her equipment and the Access point
b) launch the Internet browser, pre-installed on the User’s Equipment
c) perform actions to identify the User in accordance with the requirements of the current legislation of the Russian Federation.
- When using the Services the User is prohibited:
a) Restrict access of other Users or prevent other Users from using the Services.
b) To use the Service for commercial purposes by reselling it
c) Send advertising, informative and other materials without consent (or absence of application) of addressees, as well as to inappropriate by subject electronic publications and conferences.
d) Send advertising, information and other materials to other users of the Internet in bulk, except cases when addressees agree to receive these materials as to the personal e-mail address and through general access electronic editions and conferences which are not intended for this. Bulk mailing is defined as sending messages to two or more addresses at the same time without the consent of the owners of those addresses. This restriction in no way affects the electronic subscription system.
e) Perform unauthorized (unauthorized) intrusion into any technological components (nodes), programs, databases and other constituent elements of the Contractor’s network, the Internet, meaning actions, the commission or attempted commission of which provides for criminal liability established in the RF for such acts as ch. 21 CC RF «Crimes against property» Art. 159 «Fraud»; Chapter 28 CC RF «Crimes in the field of computer information»: Art. 272 «Illegal access to computer information», Art. 273 «Creation, use and distribution of malicious programs for the computer», Art. 274 «Violation of rules of computer operation, computer systems or their network».
f) Send or make available on the Internet any information, the distribution of which, one way or another, is contrary to Russian or international law.
g) Send any information or software which contains viruses or other harmful components.
h) Send, transmit, reproduce, provide or in any way commercially exploit information, software, or other material obtained through the Services in whole or in part (unless expressly permitted by the provider of such information, software, or other products).
i) Send, transmit, reproduce or distribute in any way the software or other materials received by the Services, in whole or in part, protected by copyright or other rights, without permission of the owner or legal owner; send, transmit or distribute in any way any part of the Services or derivative works thereof, as the Services are subject to copyright or other rights.
j) Violate the rules of use of any Internet resources established by the Contractor and/or the owners of these resources.
k) Use the software, which automatically authorizes the User to receive the Service, except for the software, provided or approved by the Service Provider.
l) To forge the IP address and the MAC address of the User’s Equipment, the addresses used in other network protocols, as well as other service information when transmitting data into the Network.
m) Perform actions with the purpose of changing the settings of the Executor’s hardware or software or other actions which may cause malfunctions in their operation.
n) To make attempts of unauthorized access to the resources of the Network, to conduct or participate in network attacks and network hacking, except for the cases when the attack on the network resource is made with the explicit permission of the owner or the administrator of this resource.
- In case of disagreement with these Terms, the User must immediately refuse to use the Service.
- Provider reserves the right to refuse to forward or to remove from its servers any information or materials, in whole or in part, if they are, in Provider’s sole opinion, unacceptable, undesirable, or in violation of these Terms.
- Contractor shall not be liable for:
- (a) for lost profits or other consequential damages resulting from the Services;
- b) for information, services, software, independently obtained by User through the Internet;
- c) for any costs or damages directly or indirectly incurred as a result of User’s receipt of information and services through the Internet;
- d) for damages caused to the User as a result of software products obtained by the User through the Services;
- e) for direct or indirect damages caused to the User as a result of the use or inability to use the Services;
- f) for the quality of the Service provided if the User uses uncertified subscriber equipment, as well as if the User improperly configures the software and hardware for access to the Service;
- g) for normal functioning and availability of individual segments of the Internet.
- The Executor does not guarantee:
- a) the possibility of information exchange with those nodes or servers that are temporarily or permanently unavailable via the Internet;
- b) uninterrupted access to the Service;
- c) establishment of connection to the Internet at the highest possible speed.
- These Terms come into force from the date of their publication on the Executor’s portal «Executor’s website». Users are notified of changes or termination of the present Terms by publishing them on the portal. The present Terms are considered to be changed or terminated from the moment specified in the corresponding notification.