Conditions and General Terms of Eduardo Fern¡ndez-Ag¼era Vidal, in future, USM.
1. Object, modifications and benefits
1.1. These General Conditions regulate the benefit on the part of USM of all the products and services that it develops, execute, distribute and sell, between which are the lodging products Web, registry of name of domains, e-mail, certificates of security SSL, servers Windows with remote desktop software connections, service of communication online, technological consultancy, as well as other computer science applications and tools and services (in future, the Services) that in the future can be sold the CLIENT and which in any case they will be subject to the present terms and general or particular conditions, if were them.
1.2. USM will be able to modify the content of the present General Conditions being mediated the acceptance of the CLIENT; in the sent communication to this end, nonopposition will facilitate to the CLIENT the information regarding the modification as well as the consequences of his. The acceptance of the modification of the General Conditions will be considered given whenever the CLIENT does not reject it within four weeks after the reception of the communication notifying the modification. In case the CLIENT communicates his rejection to USM within this term, the General Conditions under which contracted will remain effective.
1.3. The present General Conditions will prevail over any general condition that could allege the CLIENT, except for express pact in opposite in whom it is pointed out in writing his acceptance on the part of USM.
1.4 the present General Conditions will be of application as long as it does not enter contradiction with the Particular Conditions or Particular Conditions have not get ready.
2. Rights and obligations of the parts
2.1. The CLIENT will have right to use the Service or Services contracted according to the General and Particular Conditions that in each case remember.
2.2. The CLIENT will have to use the Service or Services contracted according to the conditions agreed between the parts, to the effective legislation and the good faith.
2.3. The CLIENT will have to be greater adult, that is to say, of 18 years fulfilled.
2.4. The CLIENT will have to satisfy the remuneration agreed for each Service or Services in the terms and forms contained in the Particular Conditions and price lists.
2.5. The CLIENT will have to facilitate to USM his correct and complete data. He commits himself, therefore, to inform to USM of immediate form on any modification of the facilitated data and to again confirm them to USM, at the request of this one, within 15 days from the date of the modification.
Unless in the Particular Conditions another thing is agreed to, the following data will have to be facilitated:
Complete name, NIF/DNI/CIF, confirmation of which the client is adult, direction, direction e-mail, telephone, the holder of the service, the data of payment (or debit or credit card, or bank account) and the holder of the payment data. In case the CLIENT is a legal person, its legal form will also be facilitated.
2.6. The CLIENT has the total responsibility on the content of his Web, of the transmitted and stored information, its operation, the connections of hypertext, the vindications of third parties and the legal actions that its action could trigger. Really, the CLIENT is responsible for the fulfillment of the laws and regulations that are of application and, of merely declarative way, of the rules which they have to do with the operation of the plan on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.
2.7. The CLIENT will abstain to use the Services of opposite form to the good faith and, in particular, of merely declarative form, she will not realise with respect to the same:
A use that is opposite to the Spanish laws or that infringes the rights of third parties.
Any publication or transmission of contents that, according to USM, is violent, obscene, abusive, illegal, slanderous xenophobe or.
The use of cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties.
The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data.
The use of the servant of mail and/or its email addresses with aims of Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus (Trojans, worms, etc.), or any other type of activity realised with sabotaging, fraudulent or criminal spirit. USM specifically notices the CLIENT of which their salient e-mails will be filtered automatically by USM to detect these activities, where appropriate.
The use of the space Web to raise to nonsuitable archives for the purposes of hosting or telematics albergamiento as for example, for a reason or purpose merely declarative, the accomplishment of backups of any type, storage for remote ascents, data storage for the sharing of archives or similar behaviors directly not related to the contents and applications of this space Web.
The use of the access to stored electronic messages in a servant as a virtual hard disk, that is to say, its use for the storage of files as archives or any other way. The use of the account of e-mail will not be able to be used for other purposes that those regarding a context of normal traffic of e-mail.
2.8. The space offered Web could only be used by the CLIENT for contents and applications Web. In this sense, it is not allowed to realise backup copies commonly well-known as it dates backups nor data storage if the contents and applications of this space are not related directly to Web.
In any case, the CLIENT will not use the space Web so that she supposes an excessive load for the USM equipment or that somehow she harms the operation or the operations of the equipment or the network of USM.
2.9. The CLIENT commits himself to adopt whichever safety measures are advisable or necessary to preserve the confidentiality and the secret of his User (Login) and Password (Password) of access to the contracted services, that will be, in any case, intransferable personal and.
2.10. In case of infraction of anyone of the obligations indicated in points 2,3, 2,5, 2,6, 2,7, 2,8 and 2,9, USM will have right to solve the contract with the CLIENT without this one has right to no claim. Also, USM will have right, where appropriate, to interrupt the provision of the previous service notification written 48 ahead hours, that also will be able to be realised through e-mail, and later cancellation of the same.
2.11. USM guarantees that contracted will be served in the form anticipated in the present General Conditions and, where appropriate, in the established thing in the Particular Conditions.
2.12 the CLIENT will not have right to demand that the same direction IP for all the use of the contract is assigned to him to the servant.
2.13. For each domain name of the CLIENT a single tariff of USM will only be able to be applied.
2.14. Except for pact otherwise, it is considered including in the tariff the indicated volume of monthly transmission at the time of the hiring through www.cheap-web-hosting-providers.com. The volume of data transmission used is deduced of the sum of all the data transmissions derived from the use of the product by the CLIENT (as for example, e-mails, unloadings, loads, webpages). For the determination of the volume of data transmission, a thousands Gigabyte is equivalent to Megabyte, a Megabyte is equivalent to thousand Kilobytes and a Kilobyte is equivalent to thousand Bytes.
In case the CLIENT surpasses in a month the volume of transmission including in the tariff, USM reserves the right to really invoice the difference between the volume including in the tariff contracted and the consumed volume the effective prices of USM at this moment. This faculty will not be of application in case the volume of transmission anticipated in the contracted tariff is limitless.
2.15. The space contracted Web can be, in some cases, very high or, even, limitless. With a package of lodging Web with space limitless Web, the client will be able to initially have a space Web of 10 gigabytes. From a minimum use of 75% of the space Web available, this one will be increased free of charge in scales of 1 gigabyte until the use returns to be below 75%. The verification of the use is realised monthly. The increase will take place at the most once a month. USM reserves the right on the matter to transfer to the client an equipped servant. In case of this transfer it will be able to have periods of loss that are necessary technically.
2.16. The CLIENT will choose a tariff determined when realising the order. Except for pact in opposite, the combination of different supplies is not possible.
2.17. USM offers a guarantee of operation of the Services that authorizes the CLIENT to receive a total or partial installment of the phelp tariffs in case the total availability of the webpages lodged by USM is inferior to 99,99%. In the case that the CLIENT demonstrates to USM satisfaction that the total availability of the lodged pages is inferior to the aforeshelp reference, the CLIENT will be able to contact to USM to ask for an installment of tariff for this proportional year to the time of lack of availability, installment that will be assigned to the future one of purchase of Services of USM. The installments are not exchangeable by money and they do not affect to the taxes that are of application. Sometimes the installments will not be applied to interruptions caused by (i) predicted periodic maintenance or carried out repairs by USM; (II) lacking of availability caused by the CLIENT, (III) incidences of availability that do not limit the access of the navigator the webpage of the CLIENT (for example, interruptions to the service of FTP or e-mail); (IV) suspension of the account of the CLIENT due to legal actions taken or announced against the CLIENT or his services; (v) suspension of the account of the CLIENT by violations of the General Conditions of Hiring, such as, for a reason or purpose merely declarative, the excessive use of the resources of the system, non-payment or incidences of payment or identification of fraudulent or conculcadores behaviors of the General Conditions of Hiring; or (VI) causes beyond the control of USM or that are not reasonably foreseeable by USM.
2.18. USM will be able provisionally to limit or to interrupt the access of the CLIENT to their benefits when they do it necessary the security of the service of the network, the maintenance of the integrity of the network and, especially, avoiding serious interruptions of the network, Software or kept data.
These interruptions will be communicated, as far as possible, with the sufficient advance to the CLIENT by means of www.cheap-web-hosting-providers.com or via e-mail. The previous obligation will not be indispensable to USM in case of greater force or if a fall of the data network takes place that is used basic for the benefit of the same other people's to its will and control.
USM reserves the right to cancel the aforeshelp access definitively supposing that the CLIENT infringes seriously his obligations. To this end, serious infractions are considered the referred ones in clause 2,10 of the present General Conditions.
2.19. USM does not take responsibility of:
The content lodged in the space attributed to the user by the service;
The possible damages in the equipment due to the incorrect use of the same (that will be responsibility of the CLIENT);
The damages due to an infection by virus;
The errors produced by the access suppliers;
Any illegal interference on the part of a third party;
The defective configuration on the part of the CLIENT.
2.20. USM will be able to yield the rights and obligations contained in the present General Conditions to one or several third parties. In this case, the CLIENT will be able to solve the contract of immediate way.
2.21. USM will freely choose the average technicians, who can be regarding the technology and/or infrastructure, with the intention of facilitating the provision of served.
2.22. USM will not be responsible for the damages of any nature that could be caused to third or to the CLIENT as a result of the illegal or illegal use of the Services on the part of the CLIENT.
2.23. Any complaint of the CLIENT to USM will have to be made of written form, that will be able also to be realised by means of e-mail if the CLIENT adds to the claim his complete name, NIF/DNI/CIF, direction, direction e-mail, telephone as well as the holder of the service, and provides to the electronic document of an electronic signature, according to the effective norm. It is in time excluded the claim from defects and interruptions nonwarned.
The claim must go to the following mailing dress: Eduardo Fern¡ndez-Ag¼era Vidal, Guadiaro street, number 22, 41100 Coria of the River or by means of e-mail to firstname.lastname@example.org.
After the notification to USM of the defects and interruptions, objects of the claim, the CLIENT will grant to USM a term of 20 days to reestablish the correct operation of the service. During this term, the CLIENT will not be able to exert action some against USM nor to finish to the contract by reason for such defects and interruptions.
2.24. USM will respond in any case of the damages produced as a result of a contractual breach that is due to a fraudulent or seriously imprudent behavior of USM or of one of the people as whom USM uses for the fulfillment of their obligations. If the contractual breach does not take place of seriously imprudent nor fraudulent form, the USM responsibility will be limited the quantity of the predicted damages or that they had been possible to anticipate to the celebration of the contract.
In any case, and except for imperative legal disposition against, the quantification of the aforeshelp responsibility will be limited the return indeed phelp by the CLIENT to USM by the contracted Services.
3. Licenses, Intellectual Property
USM is titular or, where appropriate, he is authorized for his use by the legitimate holder, of all the rights of author, brands, rights of intellectual property, know-how and whichever other rights bear relation to the services contracted by the CLIENT, as well as of the necessary programs of computer for their implementation and the information that this one obtains on the same
The CLIENT must respect the programs of use of third parties made his available by USM although they would be gratuitous, of which USM has the necessary rights of operation.
The CLIENT, by virtue of the present General Conditions, does not acquire absolutely any right or licenses on served, the necessary programs of computer for the benefit of the Services nor either on the technical information of pursuit of the Services, exception done of the rights and necessary licenses for the fulfillment with the present General Conditions and only for the temporary duration of the contracted Services.
The CLIENT commits himself to guarantee that any usuary person of the programs respects the conditions of use of the same. The CLIENT will only be able to use the programs in a computer simultaneously. He will consider himself that a use of the programs exists when the same are in the main memory or means of file of a computer. He will not consider himself used a program that only is installed in a network server to the only effects of the distribution of programs.
For the use of the software provided by USM for a product without additional return, the CLIENT will have to activate it by means of a code of license facilitated by USM. The license code will have a validity of 6 months, passed which no longer will be possible an activation.
4. - Tariffs and form of payment
4.1. The tariffs including in the lists of tariffs are fixed. The tariffs depend on the election of the agreed tariff, contained in the corresponding Particular Conditions. If independent tariffs of the use had been agreed to, USM will be able to establish a pre-payment system. The tariffs that are related to the use or consumption will be invoiced after to have realised the benefit.
4.2. USM will be able to not more in one go increase the amount of the tariffs per natural trimester with an advance warning of four weeks before the end of the trimester. For the validity of the increase the consent of the CLIENT is required, who will have himself by granted if the CLIENT does not declare his disagreement with this increase, within the four weeks following to his notification, in writing sent by email ordinary (Eduardo Fern¡ndez-Ag¼era Vidal, Guadiaro street, number 22, 41100 Coria of the River) or through https://www.cheap-web-hosting-providers.com. If it does not declare his disagreement, it will have the right alternatively to solve the contract during the same term, passed which, the contract will continue its use with the new notified tariffs.
4.3. All the prices, costs and tariffs indicated in the present General and/or Particular Conditions are understood without the addition of the amount regarding indirect Taxes corresponding, according to the applicable legislation at every moment. One will inquire to the client of the final price, including the applicable taxes, when formalizing the process of purchase and always previously to the shipment on the part of the client of his order to USM.
4.4 If a variation in the taxes applicable to the agreed services took place, USM will be able to adapt their prices consequently.
4.5. The invoices will be emitted and sent to the by email electronic CLIENT. The CLIENT accepts the use of the e-mail as the only applicable route for the reception of the invoices generated by the benefit of the Services.
4.6. Based on served and of the method of payment facilitated by USM, the payment of the invoices one will settle in the bank account indicated by the CLIENT. The CLIENT authorizes specifically to USM to throughout realise this domiciliation of the invoices the period of use of the contractual relation.
4.7. In case of non-payment of the invoice, the CLIENT will support the costs of all the requirements of payment, as well as the cost of the return of the banking receipt and all the other expenses that are accrued by this reason attributable to the CLIENT, including honoraria and expenses of the USM lawyers.
4,8 USM reserves the right to suspend served before any incidence undergone in the collection of the same and/or for want of payment. If the CLIENT did not come to pay the Services within the 20 natural days following to the invoicing of the Service, USM will be able to suspend of immediate form the same and to come at the same time as the claim of the which had amounts, being able later to solve the contract with the CLIENT by breach.
5. Supply, formalization and prorogation of the contract
5.1. After the telephone request or shipment of the request on line by the CLIENT, USM will be able to accept the contract request within a term of 14 days. USM will put at the disposal of the CLIENT these General Conditions to which the contract will subject, so that the same can be stored and be reproduced by the same. After the request or aforeshelp request on the part of the CLIENT, USM will confirm the hiring by means of the shipment of an e-mail of welcome to the CLIENT in which it will inquire into the activation of the contracted services and the details to him of the same.
5.2. If the contract were signed for a certain period or a minimum period of validity would have remembered with the CLIENT, it will be prorogued in each case by the decided time or the minimum period, but at the most of a year, as long as it does not give up with a term of four weeks before the time decided or of the conclusion the minimum period. He will be of application the arranged thing in the present clause except for pact in opposite contained in the Particular Conditions.
6. Completion of the contract
6.1. The contract will be able to finalize by the mutual agreement of the parts.
6.2. USM will be able to solve the contract when it remains to turn a period of validity of up to 6 months, with an advance warning of 1 month; when the remaining period to fulfill was among 6 and 12 months, the advance warning will be of 2 months and in longer periods by means of an advance warning of 3 months.
The contractual relations between USM and the CLIENT that did not last determined, will be able to be finished at any moment by anyone of the parts without needing justification some.
6.3. The CLIENT will be able to early finish contracts conditional to a commitment of minimum permanence, as long as she refunds to USM the difference of price between these contracts and those that, at the time of the hiring, supplied USM of nonconditional form to a commitment of minimum permanence by the same products or services.
6.4. Any resolution requires for its effectiveness the written form.
6.5. The CLIENT arranges in addition to the form of contact in https://www.cheap-web-hosting-providers.com to ask for the loss of the contract to the complete one or of anyone of the services associated to the same. This request of loss will generate the shipment of an e-mail of confirmation on the part of USM.
6.6. If the CLIENT asked for additional benefits to the contract, the period decided initially in the contract will be valid for the same. The additional benefits can be, according to the indicated regulations of resignation, resignation object separately, continuing by the others the use of the contract.
7. Protection of Personal Data
USM indicates the maximum respect and grants a great importance to the protection of data of their clients, whose decisions on the use of their data will be respected in any case.
USM fulfills Statutory law 15/1999, of Protection of Personal Character data and with any other effective norm in the matter, and maintains a Policy of Privacy on personal data, in which it settles down, mainly, the use that USM does of the personal character data, inquires in detail to the clients of the essential circumstances of this use and of the safety measures that are applied to their personal character data to avoid that third parties nonauthorized can accede to them.
8. Straight of dropping of the claim
8.1. The CLIENT will have a maximum term of fourteen days to stop of the contract by means of declaration, sent by email ordinary to direction Eduardo Fern¡ndez-Ag¼era Vidal, Guadiaro street, 22, 41100 in writing Coria of the River; or e-mail to email@example.com, mentioning the data referred in clause 2,5, as well as the own ones of the Service. The term to exert the dropping of the claim right, that will not imply penalty some or necessity of indication of the reasons, will begin to run from the day of the celebration of the contract.
8.3. The right of dropping of the claim of the CLIENT is extinguished early if USM, counting on the express consent of the CLIENT or on the initiative of this one, already has begun with the benefit of the service contracted before the expiration of the term of dropping of the claim. The CLIENT does not have right of desestimiento if USM provides merchandise to him elaborated in agreement with the specifications of the CLIENT or that they are designed clearly based on his needs or if the same CLIENT has ordered the benefit of a service before the expiration of the term of dropping of the claim. He does not have the right CLIENT of dropping of the claim either if USM provides a software to him in a support of data and the CLIENT unseals it.
9. Period of guarantee
USM grants to the CLIENT a period of guarantee of 365 days (period that corresponds to the use of the contract, that is to renew annually) counted as of the date of registry in the service, in which in case of not being satisfied with the product or the service of USM, will be able to finish to the contract, giving back the basic tariff phelp him. In the amount that is given back to the CLIENT will not include incurred additional expenses, such as the accruals on the occasion of names of domain or by optional services contracted by the CLIENT.
For it a declaration written and signed on the part of the CLIENT, sent to name of Eduardo Fern¡ndez-Ag¼era Vidal, Guadiaro street will be necessary, 22, 41100 Coria of the River, in which it talks about specifically to the exercise of the guarantee. In any case, this declaration will have to be received by USM within the term of the 30 indicated days.
This guarantee only grants for services/contracts of indetermine duration. At the same time, it could not be applicable in any case for the services contracted through promotional supplies. In order to accede to the Guarantee of Reimbursement, the CLIENT will have to ask for his service without choosing to the effective promotion during the discharge process.
10. Applicable legislation and charter
10.1. In the anticipated thing in the present General Conditions, as well as in the interpretation and resolution of conflicts that could arise between the Parts, it will be of application the Spanish legislation.
10.2. The Parts are put under for the definitive resolution of all the resulting controversies of the contractual relation the courts or courts who were competent in each case.
In case one or several of the stipulations of the present General Conditions would be null, the validity of the rest will not be affected.