The present General Conditions on the street regulate the use of the PORTAL of Internet “www.servihosting.com and .es” (In future, “SERVIHOSTING”) ownership of ServiHosting Networks LIMITED LIABILITY COMPANY, (In future ““the Holder”), organization with N.I.F B-53778288 number, domiciled Prince of Asturias 4. Ent: A-B, p.c. 03600 Elda (ALICANTE). Registered in the mercantile registry of Alicante in Tomo 2668, Folio 295, ESA 8, Book Or, A-77442 Leaf, Insc. 1.
PREVIOUS. - DEFINITIONS
USER: All that one that accedes to the PORTAL although does not realise any purchase, uses, it accedes, or it has the CONTENTS in him arranged.
CONTENTS: Any information, text, bond, software, material, tools, services, etc, whose disposition and access one takes place via online through PORTAL and by means of navigation by the same., excepting of this concept therefore those services that can be supplied and/or be asked for through PORTAL but whose benefit is realised in off - line (outside the PORTAL).
SERVICES OR PRODUCTS IN OFF - LINE: Any product that is acquired or is lent outside the portal although it is supplied or it promoted through same.
REGISTERED USER: All that one USER who registers in the PORTAL filling up the inscription form and who can accede to the possible restricted areas arranged in the PORTAL.
LEGAL LEGEND: All those general and particular conditions ready in the PORTAL, in addition to any legal norm that are to him applicable, or to the use of the own PORTAL, to the specific use of each one of the served, etc.
Spam: It is defined with the object of these general conditions, as the indiscriminate shipment of messages to accounts of e-mail without previous authorization of the holders of the email addresses.
SERVIHOSTING as much advises to the USER the lengthy reading of the present general conditions as of the other prepared legal legend in the PORTAL, and especially of all those conditions or mentions that have relation with the Contents, as well as of the Political section “of Privacy”. Also, it advises to the reading of the conditions of benefit and hiring that they have to do with services or products in off - line.
In case it can arise some doubt of the reading of these legal legend does not doubt in putting itself in touch with SERVIHOSTING in the Directorate of Intelligence [email protected] For any requirement of information related to a service or any other question they must go to the corresponding email address indicated in the section “Contact” of the Portal.
The USER declares and accepts specifically, who the access to the PORTAL supposes in all their extension the unequivocal commitment of fulfillment of each and every one of the legal legend of mere access and use of any of the CONTENTS facilitated and/or given by the PORTAL. Also, the request and beginning of the benefit of a service also suppose the express acceptance of each and every one of the established legal legend in relation to this service is in off - line or is lent via online.
In any case, if the user did not understand or assumed the fulfillment of everything or leaves from the mentioned general conditions does not have to accede nor to use the PORTAL and/or the CONTENTS ready and/or given through same, nor either the products and services in off - line. Also, the user declares and accepts unequivocally and specifically as much that the legal legend will be effective at any moment, from the beginning from the access to the PORTAL because these could at any time be modified on the part of SERVIHOSTING without needing previous communication.
Within the process of provision of data on the part of the user, and before the payment, a technical mechanism settles down that if so allows the confirmation and modification of the same.
The language from the Portal to all the effects, that is to say, for access, use and/or hiring, etc, will be the Castilian.
The electronic document of formalization of the hiring is not filed.
SERVIHOSTING, by means of the PORTAL, puts at the disposal of the user the access to a series of CONTENTS that can be provided or be given by the own SERVIHOSTING or third parties, being the main object the disposition of commercial information of products and served via online through PORTAL as of products and services in off - line.
The conditions of benefit of products and services in off - line will be the established ones, in addition to in the PORTAL, the had ones in respective documents of hiring the same, prevailing the arranged thing in the same over exposed here in case of contradiction.
Within the own PORTAL, areas of access and free or restricted use of the CONTENTS can exist. In this case, to the same one will accede by means of the introduction of a key of USUARIO (LOGIN) and CONTRASEÑA (PASSWORD), who have been assigned him to the USER according to the arranged thing in the B.4 point of the present general conditions.
SERVIHOSTING reserves the right at any time to limit, to interrupt and to suspend the access to the PORTAL, the use of all or some of their CONTENTS and the supply of Products and Services in off - line or is of free or restricted access. Also, SERVIHOSTING reserves the right of, at any time, being able to modify the location in the PORTAL of the CONTENTS, as well as the configuration as much of the own CONTENTS as of the access to the same, and even the “look and feel”.
B. CONDITIONS OF ACCESS AND USE OF THE PORTAL
B.1. Access and general use of the PORTAL realised on the part of a USER.
The USER accepts it express unequivocally and that the access and use of the PORTAL does not imply any type of guarantee, to which specifically it gives up on the part of SERVIHOSTING, with respect to the suitability of the contents including in the same for particular or specific aims of the USER. Consequently, as much the access to the PORTAL as the use of the CONTENTS, takes place under the exclusive responsibility of the USER, and SERVIHOSTING will respond in no case and no measurement, neither by direct nor indirect damages, nor by emergent damage nor by dismissed profit, by the possible damages derived from the use of the CONTENTS or the conclusions that the own USER extracts of the use of the same, or are these accessible ones in the PORTAL or in other Webpages through the connections and “I connect” existing. Also, in case therefore it took place, SERVIHOSTING will not be in any responsible case, not even indirectly or subsidiary, by the CONTENTS, products or services lent or supplied by third people or organizations (nor of their conditions of commercialization and manufacture), or by contents, information, communications, opinions or manifestations of any type originated or spilled by third parties and that are accessible through PORTAL, not supposing in any case guarantee or endorsement for the use or acquisition of products or services of third parties suppliers of the same.
In case specific conditions of responsibility for a CONTENT or service in off settle down line, these will prevail over here established.
The USER accepts it express unequivocally and that SERVIHOSTING will be able at any time to establish additional conditions or restrictions for the access to the PORTAL and the use of the CONTENTS, whose observance will be immediately fulfillment by the USER without needing previous communication.
The access to the PORTAL is facilitated of good faith by SERVIHOSTING, reason why in attention to that some of the CONTENTS can be provided or be facilitated by third parties, SERVIHOSTING notices and the USER knows and accepts that some of the data or texts available could completely exact or not be updated, although SERVIHOSTING uses their better efforts so that thus it is, reason why SERVIHOSTING will respond only and exclusively of the contents directly facilitated by SERVIHOSTING and identified specifically with their Copyright.
B.2. Authorized use of the PORTAL and the Contents.
The manifest USER expresses unequivocally and that will, where appropriate, realise an access to the PORTAL and use of the same and the CONTENTS in him arranged according to the legal legend, the present general conditions, the particular conditions that if so can get ready to each CONTENT, product or service in off - line, as well as of the other applicable norm, to the good uses and customs, the good faith and the public order. In any case, and with purely declarative character, the USER commits a:
a) not to realise accesses or uses of the PORTAL or its CONTENTS, not allowed or opposite to the object of the PORTAL and to the regulatory framework that regulates it. Thus, the USER will not have to realise nor to try to realise accesses or uses of CONTENTS and/or restricted areas of the PORTAL without the authorization due for it. In addition, the USER will have to realise this access and use of the restricted areas using the procedures and tools that the own PORTAL has established for it, without in no case fits, is the authorized USER or it does not stop the access and use of areas and restricted CONTENTS, the use of any procedures, means or computer science tools that they try to avoid the identification and safety measures ready by SERVIHOSTING or third parties.
b) To accede and/or to use the PORTAL and/or the CONTENTS within the principles and aims for which the same were created and put at the disposal of the USER, also respecting the format of make available and the legal legend prepared here. In altars to the fulfillment of these principles and aims, the USER, with declarative and nonlimiting character, commits a; i) not to realise nor to try to realise activities that entail or can entail damages of direct or indirect way, with general character, on the PORTAL and the CONTENTS in him arranged, and with special character, on the rights of SERVIHOSTING or any third party; II) not to realise or to try to realise activities that affect, or, among others, modifying, manipulating or eliminating the references or the formats of the references or mentions on protection of rights of intellectual or industrial property of SERVIHOSTING or third parties, as much of the own PORTAL as of the CONTENTS in him arranged and other ELEMENTS that compose it; III) to realise activities that they damage or they can damage the systems of SERVIHOSTING or third parties, or that if so affect or can affect to the normal development of the object of the PORTAL. Within these activities they include the introduction of computer viruses in the SERVIHOSTING systems, of the USERS or any third party who affect or can affect somehow to the PORTAL, as well as the activities directed toward the diffusion of this virus as much in the PORTAL as in the network through PORTAL.
c) the USER will respond of all the damages, of any nature, that SERVIHOSTING, any other USER or a third party can suffer as a result of the illegal use that the same realise of the PORTAL or the arranged CONTENTS in him. Also they will respond of any amount that SERVIHOSTING must do effective as a result of an administrative resolution, sentences judicial signs or transactional agreement directed toward the same repaying to third parties of the caused damages reason.
B.3 the contents:
The manifest USER expresses unequivocally and that is committed not to reproduce or to copy, to distribute, to allow the access of the public through any modality of public communication, to transform or to modify the CONTENTS, unless it counts itself on the authorization of the holder of the corresponding rights or it is legally allowed, as well as not to break or to try to break the protective devices or any mechanisms of information that can be inserted in the Contents referred for example to the protection of the intellectual or industrial property of the same.
The USER commits himself not to obtain or to try to obtain the Contents using for it average or procedures different from which, according to the cases, has made their available to this end or has indicated specifically in the webpages where are the CONTENTS or, generally, of which they are habitually used in Internet not to involve a risk of damage or putting out of action of the PORTAL and/or the CONTENTS.
B.4 Acceso and use of the PORTAL on the part of the REGISTERED USERS.
Once accepted the present terms and conditions, the user after realising all the passages of the inscription procedure, it will obtain a key of USUARIO (LOGIN) and CONTRASEÑA (PASSWORD), who will allow him to accede to the restricted areas.
The provided personal data in the form of inscription within the PORTAL will be treated according to the had thing in the Political section Privacy. The keys and Passwords of assigned identification will be personal, exclusive and intransferable for the REGISTERED USER to whom it assigned, so that it will be of only responsibility of the REGISTERED USER the diligent and confidential safekeeping of the same, as well as any damages to him that possibly could as much derive by the access and use to the restricted areas taken end by the USER REGISTERED as by any third party in regard to the lack from diligence or confidentiality in their safekeeping by the REGISTERED USER.
In case of forgetfulness of the key and/or password, put yourself in touch with SERVIHOSTING or in case it get ready some procedure of recovery in the PORTAL follows the instructions. Any other circumstance that supposes a risk of access and/or nonauthorized use on the part of third parties, the USERS will have to communicate it in the [email protected] direction immediately, in order that he comes immediately to the blockade and substitution from the same.
The USER commits himself not to provide false data, and in particular those data referred to the age, sex or direction or of e-mail or no.
The USER will respond of all the damages, of any nature, that SERVIHOSTING can suffer as a result of the provision of false data. Also they will respond of any amount that SERVIHOSTING must do effective as a result of an administrative resolution, sentences judicial signs or agreement transactional directed toward the same repaying to third parties of the caused damages reason.
In any case, SERVIHOSTING reserves the right to freely accept or to reject the registry request and buys of the USER.
C. CONDITIONS OF CONDITIONS OF HIRING ONLINE OF SERVICES
C.1. The USER will have to fulfill each and every one of the legal legend ready in this PORTAL and that they can have relation with the conditions of benefit of the Supplied Service.
The conditions of benefit (prices, promotions, expenses, designs, etc) of Services online could at any time be modified without previous warning. In any case, those existing conditions at the time of acceptance on the other hand of the supply will stay to the USERS (that with the object of this contract takes place when “to puncture” in the button “to send” had under the inscription form).
Due to the nature of the Supplied Services online in the PORTAL the dropping of the claim right does not fit or resigns in relation to the same.
Payments through Card
In case the possibility of realising a payment by means of credit card, this payment will be realised through a payment footbridge property of a bank, and the user recognizes and accepts specifically that is offered, when initiating the payment process the USUARY one voluntarily will accede to the footbridge of payment that is external surroundings and other people's to the PORTAL whose ownership is of the bank, reason why the user exempts of responsibility to SERVIHOSTING by those operations that are realised and/or the data that are revealed within the mentioned footbridge of payment, and therefore of the use that of these data can make the own bank or any third party.
D. COMMERCIAL ACTIVITY
The REGISTERED USER specifically allows to receive commercial communications of Products or Services that are supplied or that can be supplied in the future on the part of SERVIHOSTING.
The REGISTERED USER will be able to ask for the cancellation of shipment of commercial communications sending a communication via e-mail to the [email protected] direction indicating his unequivocal will of not receiving commercial communications. This request of cancellation of shipment of commercial communications in no case will harm the possibility of the REGISTERED USER of acceding and of using the CONTENTS, or of contracting more services.
In case through PORTAL or through the commercial communications sent by SERVIHOSTING references or connections to products and/or services of third parties or PORTALS of third parties would be included that include their products and/or services, the USER accepts specifically that SERVIHOSTING does not guarantee nor takes responsibility of the acquisitions of these products and/or services of third parties, nor of the quality, characteristics, etc of these products and/or services. SERVIHOSTING would not be contracting part in this acquisition but only the USER and third party, acting SERVIHOSTING as mere communication channel, but neither guarantee nor promote these products. The commercial transactions that take place will have to subject to the effective legal dispositions, and in particular the established ones in Law 7/1996 of Arrangement of the Retail Commerce (according to writing of its reform by Law 42/2002), as well as in the legislation regarding the distance sellings, that Law 34/2002 develops previous and, of 11 of July, of Information services and of Electronic Commerce.
Any possible claim that could consider by these concepts will have to go against the third party that has arranged the Contents or that he is salesman of the goods or lender of the services.
E. RIGHT OF INDUSTRIAL AND INTELLECTUAL PROPERTY
The USER accepts and declares it express and unequivocally that all the rights of industrial and intellectual property on the PORTAL and the CONTENTS and/or any other elements inserted in the PORTAL, such as declarative and nonlimiting character, photos, “look-and-feel”, software, designs, images, data bases, texts, sounds, brands, logos, graphs, etc, belong to SERVIHOSTING and/or to the third parties that SERVIHOSTING designates or they autoidentifiquen themselves. In no case the access to the PORTAL or the use of Contents, or the hiring of the benefit of a service implies no type of resignation, transmission, license or total nor partial cession of shelp rights, unless the opposite settles down itself specifically. The present General Conditions do not confer to the USERS no other right of use, alteration, operation, reproduction, distribution or public communication of the PORTAL, the CONTENTS and/or the Supplied Products that can be acquired, etc, different from specifically anticipated here. Any other use or operation of any rights will be subject to the previous one, written and it specifically express authorization granted to this end by SERVIHOSTING or the third holder of the affected rights. Supposing that the mentioned authorization takes place, the use or operation will be subject to the arranged thing in the same, and in any case the rights will be exercised according to the principles of the good faith and according to the legal legend, having to indicate in any case the origin and/or author of the same, appearing the mentions or references to the intellectual and industrial property had and/or the symbol the copyright of their holders. Also, in case an impression took place, it unloads and authorized storage of CONTENTS, etc, the same will be realised exclusively for the personal, deprived and nonlucrative use of the USER.
In case, possibly, some user was interested in obtaining some type of authorization for the use of some of the protected materials will have to put himself in touch with SERVIHOSTING in the [email protected] direction.
F. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
F.1. Exclusion of guarantees and responsibility with respect to the access and use of the PORTAL.
SERVIHOSTING does not guarantee the availability and continuity of the operation of the PORTAL or those other websites with which Enlace has settled down. Also, SERVIHOSTING will not be in any responsible case by any damages that can derive from (i) the lack from availability or accessibility to the PORTAL or to those other sites with which Enlace has settled down; (II) the interruption in the operation of the PORTAL, or the CONTENTS ready in the same or the possibility of initiating a process of purchase, or computer science failures, telephone failures, disconnections, delays or blockades caused by deficiencies or overloads in the telephone lines, the system of Internet or other produced electronic systems during its operation; (III) the lack of suitability of the PORTAL or the CONTENTS for the specific needs of the USERS and (IV) other damages that can be caused by third people by means of interferences that affect to the nonauthorized PORTAL other people's to the SERVIHOSTING control.
Also, SERVIHOSTING notices that the quality of the disposition of the CONTENTS ready in the PORTAL and the use that of the same the USER realises, depends to a great extent on which hardware and software of this one fulfills the technical requirements that if so can be necessary to SERVIHOSTING criterion. These technical requirements could be shown through PORTAL or by means of particular communications the USERS, and will have to be fulfilled by the USER. Therefore, SERVIHOSTING does not become person in charge of the impossibility or deficiency in the disposition of CONTENTS or of the use of the same on the part of the USERS in case these do not fulfill the mentioned technical requirements.
With the purpose of to diminish the risk of introduction of virus in the PORTAL, SERVIHOSTING uses programs of detection of virus to control all the Contents that introduce in the PORTAL. However, SERVIHOSTING does not guarantee the absence of virus nor of other elements in the PORTAL introduced by third parties other people's to SERVIHOSTING that can produce alterations in the physical or logical systems of the USERS or in electronic documents and files stored in their systems. Consequently, SERVIHOSTING will not be in any case responsible for any damages of all nature that could derive from the virus presence or other electronic elements that can produce alterations in the physical or logical systems, documents or files of the USERS.
SERVIHOSTING adopts diverse measures of protection to protect the PORTAL and the Contents against computer science attacks of third parties. However, SERVIHOSTING does not guarantee that third parties nonauthorized cannot have access to the type of use of the PORTAL who makes the USER or the conditions, characteristics and circumstances in which this use is realised. Consequently, SERVIHOSTING will not be in any case responsible for the damages that could be derived from this nonauthorized access.
SERVIHOSTING notices that in case studies get ready, opinions, information, etc, including as CONTENTS in the PORTAL, these CONTENTS realised by SERVIHOSTING or third parties try to only provide one direction that serves as support to the activity of the USER, reason why the USER accepts specifically that in no case SERVIHOSTING some by any damages that can be caused of direct way or indirect by the use assumes responsibility that the USER realises of these CONTENTS and the conclusions drawn of the same.
In any case, SERVIHOSTING will be able at any time to deny or to limit the access the USERS to the CONTENTS or the process of hiring of services, as well as it will be able to eliminate or also to retire the CONTENTS, if to SERVIHOSTING criterion the arranged thing is being infringed in presents General Conditions and other legal legend, or the principles that inspire the correct development of the object of the PORTAL.
F.2. Exclusion of guarantees and responsibility in relation to Supplied Products and Services.
Safe from any guarantee prepared in the PORTAL of express form, or in the contract of each one of the served, the USER accepts it express unequivocally and that the acquisition of a Product or Supplied Service does not imply any type of guarantee, to which specifically it gives up on the part of SERVIHOSTING, with respect to the suitability of this Product or Services Supplied for particular or specific aims of the USER or the third parties for which it acquired itself, or that is going it to use. Consequently, the purchase takes place under the exclusive responsibility of the USER, and SERVIHOSTING will respond in no case and no measurement, neither by direct nor indirect damages, nor by emergent damage nor by dismissed profit, by the possible damages derived from the acquisition and/or use of Products and Services Supplied. In any case, SERVIHOSTING will only be responsible for those guarantees and responsibilities whose limitation or exemption it cannot have SERVIHOSTING according to the effective norm in the matter of consumers and users.
F.2.1. By virtue of the arranged thing in Law 34/2002, of 11 of July, services of the society of the information and of electronic commerce (LSSI), SERVIHOSTING in attention to different served is declared that:
a) In relation to possible served of intermediation one does not take responsibility of the transmitted information. SERVIHOSTING, in the terms set out in the LSSI, originates the transmission of this information neither modifies or selects the data nor to the adressees of the same.
b) In relation to served of hosting and housing, virtual servant, etc, SERVIHOSTING client will not be responsible by the information stored by the user/. SERVIHOSTING, in the terms set out in the LSSI, does not have effective knowledge of which the activity or the stored information is illicit or of which it injures to goods or rights of third susceptible ones of indemnification.
c) In relation to the services of connections that can be provided, and notwithstanding the exposed thing in following the F.3 section, he will not be responsible by the information to which “they direct” to his users/clients. SERVIHOSTING, in the terms set out in the LSSI, does not have effective knowledge of which the activity or the stored information is illicit or of which it injures to goods or rights of third susceptible ones of indemnification.
In no of served by SERVIHOSTING the user acts under the direction, authority or control of this one.
F.3 Exclusion of guarantees and responsibility in relation to Enlaces.
In case the PORTAL puts at the disposal of the USUARY technical devices of connection, directories and tools search that allow the USERS to accede to pages and/or websites pertaining to and/or managed by third parties, SERVIHOSTING will verify the existing content in these pages at the moment at which it establishes a communication to the same and it will do it in the belief of good faith that such contents fulfill the applicable legislation. However, in no case, SERVIHOSTING becomes person in charge, approves, nor makes own products, services, contents, information, data, archives and any class of existing material in such webpages and does not control nor becomes person in charge, approves or makes own the successive modifications of these materials. In case therefore it considers it opportune or it is required to him by administrative warrant or, SERVIHOSTING will remove the connections to those webpages that infringe the applicable legislation and/or injure the rights of third parties.
G. USE FROM CONNECTIONS TO THE PORTAL
All those that they try to establish a communication, hyperbond or connection (the “connection”) between his webpage and the PORTAL will have to obtain with previous character the SERVIHOSTING authorization, being presented a request to the following [email protected] email address. In the case of obtaining this authorization, the establishment of the connection will have to fulfill the following requirements: (i) the establishment of the connection in no case will be able to suppose reproduction some of the PORTAL, but it will only have to serve to allow the access to the PORTAL. Also, the access by means of the connection will only be able to be realised to the main page of the PORTAL (“homepage”), in no case to another page different from this one; (II) frame will not be created nor to border environment on the Portal; (III) false, inexact or incorrect manifestations or indications will not be realised on the Portal; (IV) it will not be declared nor it will give to understand that SERVIHOSTING, guarantees, recommends, it supervises or it assumes the CONTENTS or Products and/or Services Supplied and ready through the webpages in which the connection settled down, eluding and resigning SERVIHOSTING any responsibility which the webpage (its managers, holders, etc) by the establishment of the own connection can incur as much towards the “homepage” of the PORTAL as by served and the ready CONTENTS this webpage; (v) in any case, the authorization to establish the communication will only suppose an authorization to establish the communication according to the arranged thing in this section, reason why in no case it will suppose, without authorization, the possibility of use or disposition in this webpage in which the connection of rights of intellectual or industrial property of SERVIHOSTING or any third party settled down. In any case, the webpage in which the connection settles down will not be able to contain distinguishing signs that can induce to understand the existence of a relation of association (when not existing) between the services, products and contents prepared and lent in the webpage and the arranged ones and lending through PORTAL. Also, they will not be able either to induce to understand the existence of association (when not existing) between the natural person, legal or organization that managements that is to title of this webpage and the SERVIHOSTING or the third parties suppliers of CONTENTS of the PORTAL; VI) the webpage that in that the communication settles down, during the period that is established the connection, will not be able to arrange or to serve illicit, fraudulent, opposite or CONTENTS to the present general conditions, the good faith, moral convention and the rights of the third parties suppliers of CONTENTS of the PORTAL or to SERVIHOSTING.
H. PARTIAL INVALIDITY
If some of the parts does not execute any of their rights in accordance with the present contract will not be considered as a resignation of right saying unless therefore it communicates specifically and in writing.
Although some of the parts of the present contract would not be considered legal or valid by a judicial organ, the rest of the contract will continue being of application.
I. BREACH, APPLICABLE LAW AND JURISDICTION
SERVIHOSTING reserves the right to exert whichever actions are available in right to demand the responsibilities that are derived from the breach of anyone of the dispositions of the legal legend on the part of a USER
The benefit of the service of the PORTAL, the hiring online as well as the present General Conditions of and the other legal legend is in force by the Spanish law. Insofar as therefore the law allows it, the parts, with express resignation to any other charter that could correspond to them, decide to be put under the jurisdiction of the Courts and Courts of the city of Elda (Alicante).