On the one hand Management of Technological Assets, limited liability company constituted in Madrid before notary D. Jos© Ventura Nieto Valencia (in future G.A.T. ),
of another part the client (in future CLIENT),
the following terms decide the present contract on watch:
The hiring of served by G.A.T will be carried out by electronic mediums, through the webpages of CHEAP IMPOSSIBLE MAS, with the execution of the forms that G.A.T puts at the disposal of the users. The supply of these services on the part of G.A.T constitutes a commercial proposal.
G.A.T. the right is reserved to accept any request of services on the part of the CLIENT. It will be understood that an order has been accepted when the CLIENT receives a written confirmation of acceptance on the part of G.A.T. G.A.T is committed to explain to the CLIENT in writing the reasons of nonacceptance of an electronic or by email postal order.
By virtue of the R.D. 1906/1999, that at a distance regulates the hiring realised by telephone, electronic route or Telematics, and of article 23 of Law 34/2002 of services of the society of the information and of electronic commerce, this contract is valid and it is understood signed by the CLIENT when contracting the services of virtual lodging of domains or dedicated servers.
In this document all the CLAUSES of the contract are included that will be from application to the contract which the CLIENT and G.A.T subscribe. Once realised the contract, and if the CLIENT asks for it, G.A.T it will send to the by email postal CLIENT the plaintext of the general conditions in paper support.
The acceptance of the present CLAUSES and the execution of the form of high content in the www.pegasoweb.com webpage, will imply the formalization of the contract between the CLIENT and G.A.T., whom vigor from such acceptance will have.
The present contract intends the benefit of telematics services within the Internet network. The types of benefit of services are classified within the following categories:
G.A.T. it will provide the CLIENT, from the hiring, the following services:
The domains will be lodged in servers connected to the Internet network permanently.
Despite the previous thing, G.A.T cannot guarantee that the availability of the service will be continuous and uninterrupted during the period of use of the contract, due to the possibility of problems in the Internet network, failures in the equipment servers and other possible unforseeable contingencies.
Also, if the domain shares a same machine with other domains, technical problems imputable to third parties can take place, of which G.A.T does not take responsibility.
Therefore the CLIENT specifically resigns to demand any responsibility, contractual or extra-contractual, damages to G.A.T by possible failures, slowness or errors in the access and use of the contracted service.
G.A.T. he will at any moment provide primary and secondary servers of name for the CLIENT, being G.A.T the one in charge of the necessary works for the appropriate execution of operations and accesses to the same.
G.A.T. it is committed, in case the CLIENT contracts to a service of virtual lodging of domains or a servant dedicated with backup copies, to realise backup copies of the content of the servers or servant where the CLIENT has lodged his data.
Despite the previous thing, G.A.T will not become person in charge of the accidental loss of information that by any cause other people's to G.A.T takes place. Also, it will not be possible either to be guaranteed that in the processes of information retrieval of backup copies they can these being recovered correctly.
Therefore it will be responsibility of the CLIENT the maintenance and creation of his own backup copies on the information that publishes in its domain or contracted lodging.
G.A.T. it will provide to the CLIENT as of the date of hiring of the service all the necessary support and the opportune technical attendance for the development, extension and improvement of his activities regarding the lodged domains in the G.A.T servers.
G.A.T., by means of their personnel and technicians corresponding, will offer to the CLIENT who ask for it technical attendance on the aspects referred to the contracted services, not being able to generally offer this attendance by questions related to the programming of applications, design of the same, preparation and configuration of consultancy, data bases, marketing and development of their website in general terms.
In relation to the referred attendance and information to scripts that they have been created or produced by G.A.T., this technical attendance will be based on giving the opportune information on the installation. In any case it is excepted the modification or changes as much on scripts in his pages as in his codes.
In any case, and by express request of the CLIENT, G.A.T commercial and technical references of those Clients or third companies will be able to transmit him that can serve previous and that is outside the object of the present contract.
3.1. To update to a plan superior. The CLIENT can update his plan to one superior within the duration of his present contract. For it the CLIENT will have to previously pay to the difference of price between the present plan and the new plan.
3.2. To update to a plan inferior. The CLIENT can update his present plan to a plan inferior within the period of duration of his contract. Possibility of reimbursement of the satisfied amounts does not exist if it decides to pass his account to a plan inferior.
G.A.T. it provides services to different clients, and has the responsibility to provide to each client the best possible services. The following norms have been established to assure that these obligations could be fulfilled. The CLIENT commits himself to fulfill these norms. The breach of the present clause on the part of the CLIENT will give rise to the resolution of the present contract on the part of G.A.T., without the CLIENT must right to demand indemnification some.
The lodging plans do not have established a limit of consumption of monthly transference of data. Nevertheless, in case a domain consumes a part of the resources of the system so that the yield of the rest of the plans lodged in the same servant is sees noticeably decreased (typically the case of multiple domains in a same IP, domains with archives or galleries, p.ej., .gif, .jpg, .exe, .tar, etc., websites that offers unloading of files or websites with a high number of visits) G.A.T will disqualify the domain temporarily and will be put in touch with the CLIENT to solve the problem. This does not mean that the site cannot contain these files.
The activities that under no concept will be allowed in the G.A.T servers are the following:
It is considered that a message is not asked for if is against the norms (charter) of the group of the news or if it is sent to an adressee who has not requested the message. Putting an email address at the disposal of the public does not constitute a request to receive messages. The distribution of programs of shipment of e-mail in mass also is prohibited. All the subscribers of a mail list must personally have registered voluntarily and. The mail lists cannot be used to distribute messages nonasked for. If the CLIENT does mailbombing repeatedly or attracts this behavior, G.A.T will interrupt their contract, without the CLIENT must right to demand indemnification some.
Between the nonacceptable activities in this respect they are included:
G.A.T. it is in favor of the freedom of expression in Internet, and it will not suspend nor it will cancel the account of the CLIENT simply to be in agreement or in discord with the points of view expressed by the CLIENT. In case there are allegations on the supposed violation on the part of the activity in line of the CLIENT of the legal rights of one third person, G.A.T will not be constituted in judge as far as the decision to adopt in relation to the claims of that third person.
The services of G.A.T only can be used with legal intentions. The illegal activities include, but they do not limit a:
G.A.T. the right is reserved to check files contained in its servers in search of illegal materials and contents, or for any other reasons that consider necessary.
The pornography and the commercialization of products of sexual nature, or connections to these materials, although are legal, are not an acceptable use of the G.A.T servers.
They are not acceptable uses the execution of rooms of chat, Internet Relay Chat, IRC bots, and other similars.
The use of the space is not an acceptable use Web as repositorio online of storage, virtual hard disk or backup copy servant. The disc space that G.A.T puts at the disposal of the client is destined exclusively to the storage of the e-mail received in the servant and of the files directly related to the Web sites lodged by the client in the servant.
G.A.T. the right is reserved to denounce illegal activities to the bodies of police or any administrative or governmental authority for its persecution.
The following examples are not exclusive, and they occur as it rules of behavior. The CLIENT can put himself in touch with G.A.T if he is not safe on if his actions they constitute a violation of our policy:
Any activity, is or not it intrusion in the corruption or loss of data, will be investigated, taking the opportune measures. The presence of anyone of these programs, or is not executed, will bring about the action of G.A.T against the CLIENT, including the suspension or the conclusion of the contract, without the CLIENT must right to demand indemnification some.
G.A.T. it is authorized to carry out you cut in the line contracted in all those cases in that it is necessary to take to end some adjustment, modification or improvement, as well as for the repair of possible failures.
The tariffs of the services of lodging offered by G.A.T are the specified ones in the http://www.pegasoweb.com/ webpage
G.A.T. the right is reserved to vary the characteristics and prices of each service, and will notify to the CLIENT these modifications at least 10 days ahead.
The CLIENT will have to pay the price stipulated in advance by means of some of the following forms of payment:
The payment way elije the CLIENT when to carry out the contract.
The payments will be always realised in Euros.
The regularity of the payment will be annual, according to chooses the CLIENT when to carry out the contract, except for agreement between the parts.
Any change or modification of the head office, financial data, data of the account, etc., will have to be notified in writing to by email postal G.A.T to the following direction:
Management of Technological Assets, LIMITED LIABILITY COMPANY.
Carolina Coronado 28 2B
Madrid - 28017
for its rectification in our data base, accompanying itself by the signature and the copy of the NIF or identification of the contact person that appears in our registries and that is understood as signer of this contract.
Any anomaly derived from not to be correct the data of the CLIENT, will not be G.A.T responsibility.
In the services in which she has established a limit of monthly transference, if the data transfer exceeds the contracted thing, the CLIENT will have to pay the excess to a price of zero with forty-nine (0,49) Euro by each gigabyte or fraction in excess.
The returns of the positions conducted by G.A.T by the contracted services and properly rendered, will cause to the CLIENT a position for the sum of twelve (12,00) Euros for expenses of return.
If arrived the corresponding victory the CLIENT has not made the decided payment, G.A.T will come to the provisional suspension of the service and it will be possible with the CLIENT in touch to be tried to solve the problem. If passed seven (7) days from the victory the CLIENT it follows without making the decided payments, G.A.T will be able to suspend the service definitively, without it must give back to amount some by quotas or to compensate no amount by possible caused damages.
When the circumstances reviewed in points 4.1.1 and 8,2 of the clauses occur previously, it will be come to the provisional suspension of the service contracted by the CLIENT. If the suspension must to a non-payment, and the CLIENT satisfies the amounts stipulated after produced the provisional suspension with the service, G.A.T will load a quota by expenses of procedure of fifteen (15,00) Euros.
9.1. The CLIENT exonerates to G.A.T of any responsibility related to the content of the information stored by the CLIENT in the G.A.T servers.
9.2. The CLIENT is the only person in charge against any claim or action legal, judicial or extrajudicial, initiated by third people as much against the CLIENT as against G.A.T., and based on the content of this information, assuming the CLIENT whichever expenses, costs and indemnifications are irrogadas to G.A.T on the occasion of such legal claims or actions.
9.3. Any user who deposits information in the G.A.T servers., in the form of webpages, or of any other way, that allow the access of third parties, will not become, by virtue of such act, in collaborating partner nor of G.A.T., but it will be a disseminator or independent publisher of content. Due to connecting a servant to the network, G.A.T does not become distributing publisher nor of the information deposited by the users in the G.A.T servers and, therefore, G.A.T does not assume responsibility some by the damage that these contents can cause to other users. The CLIENT recognizes that the information to which can accede through service of access is responsibility of that elaborates it. Consequently, G.A.T will not be responsible in any case and under any concept for the content of the information of third people to who the CLIENT can accede, nor of the damages that the CLIENT can suffer by virtue of this information of third parties, irrespective of whether the access to such information is realised through bonds, direct or consecutive, whose origin is in the G.A.T webpages. Also resources are considered that are outside the G.A.T control., among others, the following: programs, texts and data of the users; nonmoderate groups of the news of the own servant; groups of the news of other servers; chats; distribution lists; accounts FTP and telnet.
9.4. With the purpose of to prevent infractions in which G.A.T can be declared responsible subsidiary civilian, the CLIENT specifically authorizes to G.A.T to carry out the measures of control necessary to verify the legality of the information deposited in the servant who is under his administration. The CLIENT also authorizes to G.A.T to facilitate the data that are required to him by the forces of security of the Be in favor of warrant, during a police investigation.
9.5. G.A.T will have two-way traffic of a webpage (http://www.pegasoweb.com/abuso) and of e-mail ([email protected] and [email protected]) in which any person affected by the activity of some of their Clients in the network, or by the information deposited in the servers administered by G.A.T., can communicate to the administrator of the system the origin of the acts or the information that considers illicit or immoral.
9.6. G.A.T is committed to realise the maximum effort in maintaining an acceptable level in the fulfillment of their contractual obligations, but it cannot guarantee, explicitly or implicitly, the continuity of the service in a while determined, nor the integrity of the information stored or transferred through his system or of Internet. G.A.T is not either made person in charge of the nonauthorized access by third parties to information of Clients stored in the system, loss or corruption of the same.
9.7. G.A.T will not be responsible before the CLIENT, nor before the clients of this one, by any damage derived from these cases, including in the same: total losses or partial of the information, impossibility to accede to Internet, or impossibility to transmit or to receive information caused by delays or interruptions on watch, is or nonresponsibility or negligence of G.A.T.
10.1. The CLIENT guarantees that he is proprietor of the information by stored him in the G.A.T servers or that, in any case, has the corresponding authorization to disclose this information through Internet.
10.2. With the object of guaranteeing the aims of the present contract, the CLIENT authorizes to G.A.T to realise a backup copy of the information stored by the CLIENT in the G.A.T servers during the use of the present contract.
11.1. The CLIENT recognizes that, by virtue of his contractual relation with G.A.T., she could have access to information and materials related to the plans of business, listings of clients, technology or strategies of marketing of great value for G.A.T and that they do not have to fall in the power of third parties.
11.2. The CLIENT commits himself not to use this information in his own benefit nor in the one of third parties nonauthorized by G.A.T.
11.3. The CLIENT also commits himself to take the necessary measures so that this information does not fall in the power of third parties.
11.4. The CLIENT also commits himself to give back or to destroy these materials once finished his contractual relation with G.A.T. G.A.T reserves the right to demand responsibilities by damages to the CLIENT in case of breach.
12.1. The CLIENT authorizes to G.A.T for the use and computer science treatment of the personal data that she facilitates. On the other hand G.A.T is committed, in the use of those data, to respect their confidentiality acceding to them only and exclusively in the terms contemplated in the Policy of Privacy of G.A.T.
12.2. The CLIENT specifically declares only person in charge of all the personal data files who could successfully obtain through his webpages, lodged in the space that is acquired by virtue of this contract, as well as it is commited to count for it with the consent of all the affected. If the CLIENT successfully obtained and/or stored personal data of third parties through his website, the CLIENT will have to include in the content of his website all the picked up legal warnings in the L.O. 15/99 and especially those that settle down in their article 5. The CLIENT will be only person in charge to ask for the authorizations mentioned in article 33 of the L.O. 15/99 if these were necessary.
12.3. G.A.T will maintain an up-to-date copy of the terms of their Policy of Privacy in the http://www.pegasoweb.com/privacidad.html webpage
12.4. The CLIENT will be able to exercise his rights of access, rectification, opposition and cancellation of his personal data, in accordance with the settled down thing in the effective norm on protection of personal data, going by email postal a:
Management of Technological Assets, LIMITED LIABILITY COMPANY.
c/ Carolina Coronado 28 2B
Madrid - 28017
13.1. The relations between the parts are those of a client and a supplier of services.
13.2. The CLIENT will not have any right to force to G.A.T before third parties without the express consent of G.A.T.
13.3. Except for if the procedural legislation it demanded the opposite, the parts decide to communicate electronic or postal mail by email, using the up-to-date directions more in their power. The parts will be forced to conserve test of to have realised the notifications to the opposite part.
The present contract will be of application from the date of acceptance of the same on the part of the CLIENT. The duration of the present contract will be monthly, quarterly or annual, according to the contract chooses the CLIENT when accepting.
The present contract is understood tacitly renewed if the parts continue in the fulfillment of their contractual obligations. Therefore, arrival the conclusion of the present contract, without no of the parts has denounced to the other the resolution of the same with a minimum advance of 10 days, will be prorogued the present contract by tacit renewal, by an equal period to the subscribed one initially.
Despite the previous thing, G.A.T will be able to solve of immediate form the present contract in the assumptions contemplated in the clauses of the contract. G.A.T will be able to exert this right without needing advance warning some and the CLIENT will not have right to demand indemnification some.
The rights and obligations of the CLIENT could not in writing be subrogated with third parties without the G.A.T consent., that is committed to reason the causes in case of nonacceptance.
G.A.T. it will be able at any moment to make modifications in the terms of this contract if it communicates it to the CLIENT at least 30 days ahead. It will be understood that the CLIENT accepts the modifications if past east period continues using the services of G.A.T.
The changes proposed by the CLIENT will have to count on the approval it express in writing of G.A.T to have validity.
The present contract could be extinguished by the unilateral denunciation of anyone of the parts, with an advance warning written and convincing of 30 days.
The exercise of this faculty will not right give rise nor to any of the parts to demand compensation for damages, exception done to the inferred ones fraudulently or guiltily and of which, as a result of the anticipated extinction, they were pending of return.
Despite the previous thing, and in accordance with the general norms of hiring, the breach by anyone of the parts of the contracted obligations legal or contractually, it will authorize to the other part to consider it resolute of automatic form and ipso jure without needing advance warning, being enough with the convincing notification of this resolution to the incumplidora part, indicating the will and the cause of extinction.
If any part of this contract were opposite to right and, therefore, disabled person, it will not affect to the other dispositions in agreement to right. The parts are committed to renegotiate those parts of the contract that were null and to incorporate them to the rest of the contract.
The present contract will be in force in all the aspects by the Laws of Spain and all conflict that arises by virtue of this contract or in relation to the same, will be subject to the exclusive jurisdiction of the courts of Madrid, which both parts are put under with resignation their own charter, if they had it, unless G.A.T., has right, according to their exclusive will, to urge procedure in the courts of any other country in which the CLIENT resides or in that are located any of the assets of the CLIENT and/or companies of their group.
Management of Technological Assets, LIMITED LIABILITY COMPANY.