Provider: Flynet LLP
BIN: 220540009264
Address: 141204, Republic of Kazakhstan, Ekibastuz, Abay street, 49
1. Generalities
1.1. These Regulations establish uniform rules and requirements that the Subscriber is obliged to comply with when using The services of the Provider.
1.2. All Services are provided by the Provider only if there is a technical possibility of their provision. The subscriber uses the Provider’s Services, as well as any materials obtained using the Provider’s Services, at its own risk. Provider is not responsible for any damage that may be caused to the computer (and/or any other equipment) and/or data as a result of downloading these materials.
1.3. The provider shall not be liable for any direct or indirect damage caused to the Subscriber as a result of the use or inability to use the Services or as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation or transmission of data, or changes in functions or other causes.
1.4. Provider is not responsible for any delays, failures, incorrect or late delivery, deletion or failure to store any information of the Subscriber.
1.5. The provider is not responsible for the Subscriber’s claims to the quality of connection to the Internet, related to the quality of the networks of other Providers, the policy of traffic exchange between Providers, with the functioning of the equipment and software of the Subscriber and other circumstances outside the competence, influence and control of the Provider.
1.6. Provider is not responsible for the quality of public communication channels and data networks, including the Internet, through which access to the Services.
1.7. The provider, observing the established quality of the Services, does not guarantee their absolute uninterrupted or error-free and does not guarantee that the software produced by third parties or any other materials used to provide the Services are absolutely protected from computer viruses and other harmful components. The provider shall take all reasonable measures to protect the Subscriber’s information.
1.8. Provider services may contain links to other resources. Provider assumes no responsibility for the availability of these resources and for the information, data, text, programs, music, sounds, photos, graphics, videos, messages and other materials (hereinafter - the Content) posted on these resources, as well as for any consequences associated with the use of the Content of these resources.
1.9. The subscriber undertakes not to reproduce, repeat or copy any part of the provider’s services, except where such written permission is given by the Provider.
1.10. The subscriber assumes full responsibility and risks associated with the use of the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the properties of goods and services distributed on the Internet by the Subscriber through the Services.
1.11. The provider is not responsible for any Contracts between the Subscriber and third parties.
1.12. The provider is not responsible for the violation of the rights of third parties arising from the actions of the Subscriber committed using the Services provided by the Provider.
1.13. If the Subscriber provides third parties with access to its resources and services, the subscriber shall be solely responsible for the activities of such third parties.
1.14. In case of claims on the use of the computing environment (including its content) of the Subscriber, the latter agrees to the disclosure of the subscriber’s personal data By the Provider to a third party for the purposes of resolving the dispute directly between the Provider and a third party.
2. Prohibition of storage, placement, distribution of illegal information
2.1. The provider does not control the content of the subscriber’s computing environments stored, processed, published or distributed (transmitted) by the Subscriber using the services provided and is not responsible for the accuracy, quality and content of such Content.
2.2. The subscriber is fully responsible for all Content posted (uploaded) for public access or transmitted privately or available in any other way through the Services of the Provider.
2.3. The provider is not responsible for the content of information nodes created and maintained by the Subscriber or its users, and does not carry out any prior censorship. In case of violation of the legislation of the Russian Federation, the provision of Services may be suspended without prior warning.
2.4. The provider has the right to immediately, with/without prior notice, suspend the provision of Services to the Subscriber and disable the software and/or hardware of the Subscriber and/or remove the computing environment in cases including but not limited to:
2.4.1. Subscriber’s actions aimed at sending, publishing, transmitting, reproducing, downloading, posting, distributing in any way materials protected by copyright and related or other rights without the permission of the right holder, as well as Content that is illegal, harmful, threatening, defamatory, promotes hatred and/or discrimination.
2.4.2. Placement by the Subscriber of links to network resources, the content of which is contrary to the current Legislation.
2.4.3. Installation of software designed to work with file sharing (such as eDonkey, BitTorrent, etc.), as well as placing links to any materials protected by copyright without the permission of the copyright holder.
2.4.4. Distribution and/or publication of any information that contradicts the requirements of the current Legislation, infringes the rights of third parties.
2.4.5. Placement and promotion of pornography and child eroticism, as well as advertising of sexual services.
2.4.6. Posting and/or transmitting information of an illegal nature, including materials that incite ethnic hatred, incite violence, call for the Commission of illegal activities.
2.4.7. Actions aimed at sending, publishing, transmitting, distributing information about third parties that are not true, or affect the honor and dignity of individuals or the business reputation of legal entities.
2.4.8. Actions to send, publish, transfer, distribute, use, collect, store personal identification data of third persons except for cases when these persons have expressly authorized Subscriber to such use.
2.4.9. Publication or distribution of any information or software that contains computer viruses, hacker programs, Trojans and spyware.
3. Prevent unauthorized access and network attacks
3.1. The provider has the right to immediately, with/without prior notice, suspend the provision of Services to the Subscriber and/or disable the software and/or hardware of the Subscriber in cases including:
3.1.1. If the subscriber’s use of the Services may cause damage to the Provider and/or cause failure of hardware and software of the Provider and third parties.
3.1.2. Actions aimed at sending, publishing, transmitting, distributing any information or software which contains viruses or other harmful components.
3.1.3. Actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software) that do not belong to the Subscriber.
3.1.4. Violation of the normal order of communication in the Network.
3.1.5. Actions aimed at obtaining unauthorized access to the network resource, the subsequent use of such access, destruction or modification of software or data not belonging to the Subscriber.
3.1.6. Transfer to computers or equipment of third parties of information creating excessive (parasitic) loading.
3.1.7. Scanning network nodes in order to identify the internal structure of Networks, security vulnerabilities, lists of open ports without consent of the owner.
3.1.8. Provision of open (not requiring authorization) mail relays, open anonymous proxy servers, open news servers.
4. Prohibition of falsification
4.1. The provider has the right to immediately suspend the provision of services to the Subscriber in cases of:
4.1.1. Impersonating another person or a representative of the organization and/or the community without sufficient rights.
4.1.2. Falsifying IP-address and means of identification used in network protocols.
4.1.3. Use of any forms and methods of illegal representation of other persons in the Network.
4.1.4. Providing as identification data names, addresses, phone numbers, logins, passwords not belonging to the user.
5. Prohibition of spam
5.1. The provider has the right to immediately suspend the provision of services in cases of actions aimed at sending, transmitting, distributing spam, including but not limited to:
5.1.1. Unsolicited sending of advertising information without the consent of the addressee.
5.1.2. Forced subscription of the mailing address to any periodic mailing without prior confirmation.
5.1.3. Periodic mailings that do not contain an explicit indication of how to unsubscribe.
5.1.4. Sending information to persons who have previously expressed their unwillingness to receive it.
5.1.5. Advertising of Services, the distribution of which is limited or prohibited by current legislation.
5.1.6. Distribution of lists of other people’s e-mail addresses, pyramid schemes, MLM, Internet earnings systems.
5.1.7. Ensuring connectivity with servers and subnets used for inconsistent mailings.
6. Copyright of the Provider
6.1. Subscriber acknowledges that all provider Services, as well as all necessary programs related to them, contain information protected by intellectual property laws.
6.2. The provider grants the Subscriber a personal, non-exclusive and non-transferable right to use the software provided in the Services.
6.3. In case of copyright infringement, liability is provided in accordance with the current Regulations and Legislation.
7. Procedure for claims and disputes
7.1. The claim procedure for dispute resolution is mandatory.
7.2. Claims of the Subscriber are accepted and considered by the Provider only in writing and in the manner prescribed by current Legislation.
7.3. Claims of third parties must be made in writing. Claims made in electronic form will not be considered.
7.4. The claim must specify: name of applicant, address, registration data, basis of claim, claim amount, bank details, list of attached documents.
7.5. The claim must be signed personally. Claims written anonymously will not be accepted. Response term: 60 calendar days.
7.6. If there is no agreement between the Parties, the dispute shall be considered in court at the location of the Provider.
7.7. The Provider has the right to involve competent organizations as experts.
7.8. In case of receipt of claims related to intellectual property rights violation, the Subscriber undertakes to remove the materials within 24 hours.
8. Final provision
8.1. Support for actions aimed at violation of the restrictions imposed by these Regulations is recognized as a violation.
8.2. The suspension of services occurs before the execution by the Subscriber of the requirements of the Provider.
8.3. Removal of computing environment and/or registration of the Subscriber is carried out without explanation and without possibility of recovery.
8.4. The provider has the right to prohibit automatic access to its services.
8.5. The provider has the right to use cookies for service information.
8.6. The provider may cease to maintain connectivity with Networks that violate the principles of interaction.
8.7. The provider has the right to send information messages to Subscribers.
8.8. The provider has the right of unilateral change of all described restrictions and rules. The current version is always available on the provider’s website.
8.9. The court’s recognition of any provision as invalid shall not entail invalidity of other provisions.
8.10. Inaction on the part of the Provider in case of violation does not deprive the Provider of the right to take appropriate action later.