GENERAL CONDITIONS ON WATCH
On the one hand AsturHosting LIMITED LIABILITY COMPANY (in future AsturHosting), with NIF: B74111360 and head office in Industrial City ValnalÃ³n, C/LaminaciÃ³n, Parcel 10-2, 33930 Langreo (Principality of Asturias), limited liability company enrolled in the Mercantile Registry of Oviedo before notary D. JosÃ© MarÃa Moutas Cimadevilla, registered in the Mercantile Registry of Oviedo volume 3264, book 0, folio 155, leaf AS-31154.
Of another part the contractor, legal natural person or whom the hiring form compliments (in future the Client), that appears in https://panel.swordfishcode.com/, with the demanded data and which AsturHosting establishes a commercial activity through these General Conditions on watch. The contractor knows, understands freely and accepts, after inquiring into his characteristics, the present Conditions.
Both parts, AsturHosting and client, are interested in formalizing the present Conditions accepting the terms and conditions established in the following clauses.
1. - DEFINITIONS
AsturHosting: supplier of services of presence in Internet, solutions technological infrastructure outposts, Housing, cloud and Domains Name Registry.
Client: all that one legal natural person or who contract with asturhosting some of products offered by this one in its http://www.astuhosting.com/ webpage and that appears as one of the contracting parts.
Contractual conditions: unitary, binding set for the parts, formed by the clauses picked up in these General Conditions on watch and by the Specific Conditions corresponding to the contracted product.
General conditions on watch (CGS): set of clauses that, with general character, regulate the benefit of the services and products offered by asturhosting to their clients, as well as the relations between the Parts, published in http://www.swordfishcode.com/avisoslegales/.
Specific conditions of Producto (CEP): clauses picked up in the present document that, independently for each product type, their characteristics and conditions of use gather, available for its consultation in http://www.swordfishcode.com/avisoslegales/.
Resources: set of technical characteristics and computer science programming, facilitated and supported by each product of asturhosting that the client can contract.
Servers: computer science equipment property of asturhosting where the data and the information are stored or lodged that the client develops under products offered by asturhosting.
Control Panel: tool that is sold with products of asturhosting for the management and administration on the part of the client or of the users authorized this of the servers and/or of the resources which it has the contracted product.
Control Panel of the client: tool developed by asturhosting that is sold to each client and who allows him, among others action, to contract and to manage its products, to consult the issued invoices, to update its data of invoicing, to create users authorized, to accede to the Control Panel and to realise authenticated requests, to realise suggestions and claims, so that each order brings about necessary the technical and administrative activities for the required development of combat operations, being generated a number of ticket that allows the client its identification and pursuit.
User and password: systems that allow the authentication of the client for the access to the Control Panel of products of asturhosting via Web, access as administrator to the servant, the Control Panel and for the request of help and information on the contracted service, that is to say, are a system that guarantees that the access to the contracted services, data and information is safe, trustworthy, truthful and it always comes from the clients. asturhosting uses as these systems to identify, to authenticate and to verify the person of the client.
2. - OBJECT AND TYPICAL OF THE SERVICE
2.1. - The object of the presents Condiciones Generales constitutes (CGS), the regulation of the benefit of the services and products offered by asturhosting to its clients, through http://www.swordfishcode.com/, as well as the use of the same.
2.2. - The general characteristics of served by asturhosting, will be those that are detailed more concretely throughout the present document and, for each one of the products, in the Specific Conditions of the same, available for their consultation in http://www.swordfishcode.com/avisoslegales constituting both documents the contractual conditions applicable to the relations of the client with asturhosting, replacing all the previous, verbal agreements or are written, in relation to the object of the same.
In case of contradiction between the present CGS and the Specific Conditions of products contracted by the client, the established thing in these last ones will prevail.
3. - ENTRANCE IN FORCE, DURATION AND PROROGATION
3.1 These CGS will enter the moment in force at which the client contracts for the first time, some of products or services offered by asturhosting and for those products whose activation would not be immediate, at the moment in which this takes place and is communicated by asturhosting the client, through an e-mail with the indications of access to the service; and they will be of general application to all the products and services that the client contracts as of this moment in asturhosting, still with the possibility that each of them is also in force by its own specific Conditions.
3.2 the present CGS will be effective while the client maintains some product or service contracted in asturhosting, or in their defect, while they are not replaced on the other later version.
In each modification copy of the CGS will not be sent, being understood always effective the published ones then in http://www.swordfishcode.com/avisoslegales/, that picks up its present version.
AsturHosting will inform to the client of the existence of a new version of the CGS through a communication in its Control Panel.
3.3 the present CGS will stop applicable once being asked for by the client, or one of the users by authorized him, the last loss of the products which could have contracted in asturhosting, either transacting it personally from the Control Panel or request from the section Contact of this Control Panel.
The loss will take place automatically in the same day that step, or the day indicated by the client so that she is effective, whenever it is made with time sufficient to manage it. In any case, the client accepts that the loss of contracted products will suppose the loss of all the information associated to the same, that in no case, could be recovered.
3.4 the date in which asturhosting begins to serve contracted agrees with the date of discharge of the same, that in the majority of the services and unless the corresponding Specific Conditions establish the opposite, the client takes place once finalizes the hiring process.
4. - PRICE OF THE SERVICE AND FORM OF PAYMENT
4.1 the demandability of payment of contracted products will begin in the date of its hiring on the part of the client, except in those products in which its activation was not immediate, in which case will begin at the moment at which asturhosting communicates the client that already can accede to the use of the Service, receiving the e-mail of beginning with the indications of access to the same.
4.2 the client will have to pay to asturhosting the price corresponding to the product, published at the time of his hiring or renovation in http://www.swordfishcode.com/.
4.3 With general character, the payment of contracted products will have to be realised in advance. However, in those cases in that the invoicing depends on the realised consumption, this one will be realised a posteriori.
In any case the client, who appears as so in the card, is responsible for the payment of the invoices even though a third party takes part in its name, reason why the responsibility when facilitating the data of authentication to a third party is only and exclusively of the client.
4.4 the regularity of payment of products will be monthly, quarterly or annual, based on the specific features of the contracted product, being able to choose the client between the available ones at the time of the hiring.
The client will be able to modify the regularity of payment later chosen from the Control Panel, as long as the characteristics of the contracted product allow it and the invoice corresponding to this period has still not been issued.
With general character, the contracted extensions and/or additional services for the product will invoice with the same regularity of payment that has been chosen for the own product, except for some of them who always will have monthly character.
The contracted extensions and additional services after the main product, would invoice at the time of their hiring and its amount will be prorated of such form that the following invoices will be emitted with the same regularity of payment chosen for the main one.
4.5 If the client exceeded in the use of the resources including in the contracted product, it will realise the payment of the resources surpassed according to the effective tariffs in every moment, published in the Web http://www.swordfishcode.com/.
The client, as long as the contracted product therefore allows it, will have to control the transferred volume and the consumed space, through the indicators of the Control Panels, having the possibility of forming automatic warnings that they inform to him before surpassing the contracted thresholds.
4,6 Form of payment: the payment will be realised in the form indicated in the Specific Conditions of the contracted product, based on the characteristics of this one and about if first hiring is about his or its later renovations.
In any case and with general character, asturhosting offers to its clients the following forms of payment:
¢ Debit in the checking account indicated by the client in its data of invoicing.
¢ Position in the credit card indicated by the client during the hiring or in its data of invoicing.
¢ Banking transference to the number of checking account indicated by asturhosting in the hiring form, having to send the client, the voucher of the same, either by fax to number 985 679 670, or scanned the [email protected] email address
¢ Any other means of admitted payment, then, by asturhosting.
4.7 the amounts mentioned in the http:www.swordfishcode.com webpage do not include the Tax on Valor AÃ±adido (IVA). In any case, the client will have to pay the IVA corresponding to contracted products.
4.8 asturhosting sends to its invoices of way Telematics with total legal validity, using for it, the certificate class 2 To, accepted by the AEAT of the National Factory of Currency and Timbre, fulfilling the effective norm in this matter and, therefore, guaranteeing the authenticity of the origin and the integrity of the content.
4.9 In case the client wished to realise any consultation or request related to the invoicing and payment of his services, it will be able to realise it from his Control Panel.
Of additional form, the client will be able to accede to repositorio of invoices that are in their Control Panel, allowing him their impression and unloads.
4.10 By each banking return that takes place by causes imputable to the client, asturhosting will repel to the client the amount of the expenses that, where appropriate, had been originated by this return.
4,11 AsturHosting reserves the right to temporarily suspend served before any incidence undergone in the collection of the service and/or for want of payment until the resolution of the same. If the client did not come to his payment after the previous warning of the temporary suspension, she will drop from the rolls definitive of the service by breach of the contractual Conditions on the other hand. AsturHosting does not assume responsibility some by the losses of data that could be produced as a result of this temporary suspension or of the definitive loss of the service.
The lack of payment of the additional services will cause the interruption of the main service.
In the cases of decontamination of the service contracted by non-payment, all the associated data will be eliminated the same. If one becomes to contract this service, the client will have to register all the data again.
4.12 the quantity of the prices applicable to the contracted product, could at any time be object of revision on the part of asturhosting, according to the arranged thing in the clause of modifications of these CGS. If asturhosting carried out a change in the prices of alguno/s of its products, such modification will be notified to the clients, before they are affected by the variation in the following invoice that is emitted to them of this product, so that if did not agree in accepting this change, they exercise the right to solve the contractual relation, coming to the loss from dicho/s productos/s, without needing paying to additional amount some to asturhosting, while it maintains his phelp quota. When finalizing the period of payment in course, will occur by finalized the contractual relation with asturhosting and, therefore, it will inflict losses his service if nonacceptance to the new price stayed in his.
4.13 Those clients who according to the effective Spanish norm had the consideration of consumers and users and whenever the characteristics of the product or contracted service did it possible, will be able to exert their right of dropping of the claim during the first 14 natural days from the hiring of the product or corresponding service.
In order to exert the dropping of the claim right, the consumer and user will have to send a request from his Control Panel in the maximum term of 14 days natural counted from the moment of the hiring, being done for consisting the following information:
¢ Its unequivocal will to exert its right of dropping of the claim.
¢ The exact name of the product or service of which wishes to stop.
¢ The date in which it realised the hiring of the product or service of which wishes to stop.
The consumer and user will be able to also use the model of form for the exercise of the right of dropping of the claim, incorporated in Real Decreto Legislativo 1/2007, of 16 of November, by that the recasted text of the General Law for the Defense of the Consumers and Users is approved and other complementary laws, making it arrive at asturhosting properly signed, in the term indicated above, along with photocopies of his NIF as means that assure unequivocal form that it is a request that comes from the own client.
Once received the dropping of the claim request, AsturHosting will send a number of ticket as voucher of its reception and in any case, whenever it has been complimented correctly in all terms, within the legally qualified term for it, comes to his procedure coming to the loss of the product or service corresponding and reimbursing to the client the price phelp by the same in the maximum term of 14 days natural since asturhosting had received its request of dropping of the claim.
The dropping of the claim right will not be applicable in relation to those customized products and services that completely had been executed and/or for this declarative, but for a reason or purpose nonlimiting client, by asturhosting (: registry of names of domain, certificates SSL, etc.) nor in those cases established as exceptions to right saying in the effective legislation.
4.14 Based on the characteristics of the contracted product, the client will be able to have a term of thirty (30) days natural, as of the date of high initial of the service, to solve the applicable contractual Conditions without incurring penalty nor cost some. This term of guarantee to the renovations nor to the changes will not be applied on watch.
The guarantee is applied to the initial hiring of the service and covers the amount with the main product, being excluded other concepts nonmentioned specifically in the contractual Conditions that are to him of application.
Especially, they are outside the scope of this guarantee, having the client for paying its amount in these cases: the additional extensions, services, the licenses of software and the quantities corresponding to the consumptions of transference or disc space that surpasses the assigned one to the contracted service.
After the exercise of this right of guarantee, asturhosting will refund to the client the quantity phelp by the benefit of the services object of the same, except in those cases in that due to the nature of the benefit it is impossible to take it to end, for being or enjoyed by the client or by to have failed to fulfill this terms of the contractual Conditions that are to him of application.
Outside the term of guarantee to which this section talks about, the client will not have right to return some by the voluntary and advance cease of the service contracted, except in those assumptions in that the effective legislation therefore she anticipates it.
This period of guarantee will not be cumulative in any case to the right of dropping of the claim, picked up in the clause 4,13 of the present General Conditions on watch and that the effective Spanish legislation recognizes those clients who according to the same had the consideration of consumers and users, since the dropping of the claim right is understood including in the first 14 days of the period of guarantee.
In any case, they will be the Specific Conditions of each product, those that establish the application or not of this guarantee.
5. - OBLIGATIONS AND RESPONSIBILITIES OF THE PARTS
5.1 As much the client as asturhosting commits himself to fulfill all the terms of the contractual Conditions that are to them of application, having to act loyally and of good faith.
5,2 Asturhosting is committed to offer, with all the means to its reach, the services optimally, striving so that the same are lent during 24 hours to the day, 7 days to the week, of the possible safest way, with the exception of the incidences that could take place outside Asturhosting.
In this sense, asturhosting reserves the right to interrupt the service contracted based on technical repairs and of maintenance of the equipment, as well as for the improvement of the own services, notifying it in advance sufficient to the client.
5.3 asturhosting cannot guarantee that the availability of products and contracted services is continuous and uninterrupted, due to the possibility of problems in the network of Internet, failures in the equipment servers and other possible contingencies unforseeable and other people's to asturhosting.
The client accepts to support within the reasonable limits risks and imperfections or nonavailability of the services, due to the technical complexity of the used programs and to the multitude of existing possibilities of use.
5.4 In those products in which the service, or part of the same, was lent using resources of shared lodging, when sharing a same machine with other products and services of clients, technical problems imputable to third parties can take place and of which asturhosting does not take responsibility.
Therefore, the client specifically resigns to demand any responsibility, contractual or extra-contractual, damages to asturhosting by possible failures, slowness or errors in the access and use of the contracted product, notwithstanding the arranged thing in the effective legislation.
Despite the previous thing, if asturhosting failed to fulfill the commitments assumed in these CGS or the specific Conditions applicable to each contracted product, to serve inefficient during an uninterrupted period superior to 24 hours, the responsibility of asturhosting, whenever the nature of the product or service allows it, will limit the return of the money acquired by the product or service during this outage.
5.5 In no case, asturhosting accepts responsibilities derived from losses of data, interruption of business or any other damages produced by on-speed operation of products, not to fulfill these with the expectations of the client.
5,6 AsturHosting allows to choose to the client the language wished in its relations with this one (Castilian or English). The selected language as preferred it is used by defect to send the invoices and messages to the client, who will be able to modify it when she wishes from his Control Panel. The new selected language will be of application as of that moment, without retroactive effects. ¨ ¨ Notwithstanding the previous thing, the client will be able to choose for navigation Web, hiring online and tools anyone, Control Panel of the indicated languages previously. ¨ ¨ the contractual conditions (CGS and CEP) and/or promotional is only published, accepted and sent to the client in Castilian language, regardless of the language of navigation or of the formed one by defect by the client in their panel of contrtol, since its legal interpretation always takes place in this original language of its writing.
5,7 AsturHosting stores in electronic format, a copy of the e-mail that receives the client, when finalizing the hiring, in which the Specific Conditions of the contracted service are enclosed to him and the present CGS in case the client contracts for the first time.
5,8 AsturHosting will not take responsibility, nor will accept claim some of the client or third parties, by the rejection of some message of legitimate mail as a result of the nature of systems antiSpam, which had, among others reasons, to the possible concurrence with average external technicians whom it has the own client.
5,9 AsturHosting will not take responsibility:
¢ Of the content lodged in contracted products and of the information transmitted and stored in his operations, than the client will be responsible.
¢ Of the errors produced by the access suppliers.
¢ Of the contamination by virus in its equipment, whose protection is incumbent on the client.
¢ Of the intrusions of third parties in products contracted by the client, although asturhosting it has established reasonable measures of protection.
¢ Of the defective configuration on the part of the client.
¢ Of the deteriorations of equipment (terminal of the client) or badly use (responsibility of the client).
¢ Of the infringement of rights of intellectual or industrial property, or any other rights or I interest legitimate that they can be derived from the use of the product contracted by the client.
¢ Of what he is to him exclusively imputable to the client.
5,10 Conditions of use of the contracted product: The use in opposition to the good faith and, in particular, of nonexhaustive form is prohibited:
¢ The use that is opposite to the Spanish laws or that infringes the rights of third parties.
¢ The publication or transmission of any violent, obscene, abusive, illegal content, slanderous xenophobe or.
¢ Cracks, serial numbers of programs or any other content that harm rights of 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 the email addresses with illicit aims (Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus, or any other type of activity realised with sabotaging, fraudulent or criminal spirit).
¢ The access, modification or visualization of the configuration, structure and files of the servers of asturhosting, being attributable to the client the responsibility by any problem that could take place in the servers and consequently direct security systems of asturhosting of a negligent action of the client.
5.11 In the products in which all or some of their resources were lent using shared resources, asturhosting reserves the right to suspend, total or partially, the fulfillment of the contractual Conditions applicable to the same (not to serve) in case it warns, it detects and/or it verifies in its workings of maintenance an excessive consumption of memory, CPU or any other alteration that the servant slows down in whom he is located, so that he harms or he entails a reduction in the benefit of the service or the rights of the clients or third parties that with him share the servant.
To this end, asturhosting will realise a temporary suspension of the service. This circumstance will notify the client so that it comes to solve this alteration, and if once reinitiated the service was backslid in such circumstance of continued way or from bad faith, some will be come to the loss of the service without right to return of amount, to consider use abusive of the product or contracted service.
AsturHosting reserves the right to block or to eliminate, weather or permanently, without the need that the warning to the client is realised with previous character, one or several of the parameters of configuration available in the Control Panel if a risk or vulnerability for the security of any service were detected.
5.12 the client recognizes and accepts that the technical suppliers of some products and/or services, of exceptional form and if outside necessary to solve any incidence of technical type, they will be able to accede of remote form to the physical servant in whom she is lodged the product and, therefore, to the content of the same. In this eventuality, their actions would be limited the execution of the works necessary to solve the incidence, without using the intervention nor the data to which they could have access for other aims.
5.13 the client recognizes that the characteristics of the product or contracted service adjust to their needs, as well as that it has been informed suitably on the part of asturhosting.
5.14 the client allows that the telephone conversations that maintain with asturhosting can be recorded with the intention of improving the quality of the services and the security in the benefit of the same.
5.15 the access and the use of contracted products are exclusive responsibility of the client. Also, the client has the total responsibility of the content lodged in contracted products or services, of the information transmitted and stored in his operations, of the connections of hypertext, the vindications of third parties and the legal actions that could be triggered in relation to intellectual property, rights of the personality and protection of minors.
The client is responsible with respect to the laws and regulations in force, and of the rules that they have to do with the operation of the product or contracted service, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.
AsturHosting takes responsibility of no way, neither direct nor subsidiary, of any direct or indirect damage that the client could cause to third parties.
5.16 By means of the hiring of products or services offered by asturhosting, the client commits a:
¢ To keep a backup copy from the contents lodged in the contracted product with the purpose of to replace them if it were necessary.
¢ In those products and services that include resources of a size limited initially but susceptible of extension (as disc space, mailboxes of mail or transference) to watch the size of the same with the purpose of to take the necessary actions if it considers that its increase is excessive. For such aim, the client arranges, in the Control Panel, of the calls up-to-date tables of consumption daily.
¢ To maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with asturhosting, since it constitutes preferred mass media of asturhosting for the agile and fluid management in the benefit of the service asked for as a result of the contractual relation that through this contract unites to asturhosting with the client. ¨ If the client wished to change the direction of contact e-mail facilitated in the hiring form, will have to do it through Control Panel of authenticated form, so that at no moment the communication between the contracting parts is interrupted. ¨ AsturHosting is exonerated of all responsibility that the lack of operativity of the direction of e-mail of the client or not communicating the change of direction could produce, as well as of the disinformation that allege the client due to its own negligence at the time of maintaining updated this data.
¢ To diligently conserve and to use the e-mail and password of access to the identifier as well as Control Panel, of access to the tools that asturhosting makes its available, since they are the means that allow asturhosting to verify that the accesses are realised of authenticated form by the client or some of the users by authorized him. The client will take responsibility exclusively of the use of these identifiers and of their communication, even to third people, as well as of the actions and requests that the users authorized, to whom he had authorized the necessary leave, could realise through rest and Control Panel of tools facilitated by asturhosting. ¨ Will be of exclusive responsibility of the client, the obtaining of the necessary authorizations of the holders of the different accounts from e-mail, and/or the Control Panel allows to send warnings and notifications of different types, including invoices, contacts of attention to the client, passwords of access and details of configuration. In the same way, the client will have to assume the consequences of any type that could be derived from the omission of this obligation.
5.17 Through Control Panel the client will be able to realise managements of form authenticated in relation to his products and services, such as to consult his data, to accede to the issued invoices, to realise consultations, suggestions or claims, etc. asturhosting will assign a number of ticket to each battle conducted by the client through his Control Panel, so that the client can identify and make a pursuit of the same knowing his state in every moment.
5.18 the client must have the original licenses of software in case these were necessary. asturhosting will be able to ask for the client, at any time, the accreditation of its ownership on the same.
Asturhosting does not take responsibility of the consequences that the omission of this obligation on the part of the client could generate against third parties.
The client must consider that although all the programs of software do not need to have a license, based on which he has been the chosen one by the client, can be necessary that it has the corresponding original license, either renting it through asturhosting, or because this license outside its property. ¨ ¨
5.19 As a result of the technological advances and with the exclusive purpose of guaranteeing the quality of the services and the security in the benefit of the same, asturhosting reserves the right to offer for its services, the software versions that consider more suitable at every moment (of preferred form in Castilian language or its defect, in English). ¨
5.20 the client will compensate to asturhosting by the expenses that this one had to even impute to him in some cause whose responsibility was attributable to the client, including honoraria and expenses of the lawyers of asturhosting, in the case of nondefinitive judicial decision.
5.21 the client, with the acceptance of the present CGS, specifically allows the shipment of the invoices regarding the benefit of the services contracted through telematics means, as she indicates the effective norm in this matter.
6. - GREATER FORCE
No of the parts will be responsible by the breach for the obligations derived from the contractual Conditions applicable to contracted products and, therefore, it will not have right to indemnification, when this breach is due to causes of Greater Force, according to the established thing in the effective legislation.
If the suspension by this circumstance is superior to two months, the Conditions mentioned in the previous paragraph could be cancelled at the request of anyone of the parts.
7. - COMPLETION
7.1 the present CGS will occur by finalized when, in addition to the causes legally established and the arranged ones in the different clauses from these CGS, some of the following concurs:
¢. Mutual Agreement of the parts.
¢. Nonexistence of products and/or services contracted with asturhosting.
¢. Resolution by breach of some of the parts of the obligations derived from the contractual relation.
7.2 If the breach of the client were cause of resolution of these CGS, as 7.1.c settles down in the clause, notwithstanding the penalties or indemnifications that the client had to satisfy to asturhosting, this last one reserves the right to finish of anticipated form the contractual relation and, therefore, to strip to the client of products or services contracted without previous warning and right to demand indemnification or return of amount some.
7.3 In case of resolution or rescission of these CGS, by the causes previously mentioned or any admitted others in right, the parts will have to fulfill the obligations assumed prior to the resolution in front of the other part and third parties.
8. - INTELLECTUAL AND INDUSTRIAL PROPERTY
8,1 AsturHosting is holder of all the rights of intellectual property and whichever other rights bear relation to the implementation and commercialization from products and contracted services.
8.2 For all action in which the client exceeds the fulfillment of the contractual Conditions, it will need previous authorization on the part of asturhosting in writing.
8.3 the client, by virtue of the CGS or of the specific Conditions of contracted products, will not acquire absolutely any right or licenses with regard to the product or contracted service, nor either on the technical information of pursuit of the service, exception done of the rights and necessary licenses for the fulfillment of these contractual Conditions and only during the use of the same.
8.4 the client must respect the programs of use of third parties made his available by asturhosting although they would be gratuitous.
8.5 In relation to the licenses of programs of software and other rights of intellectual property/industrialist, who the client needed to acquire, through asturhosting, the client recognizes the ownership of his manufacturers and/or suppliers on all the rights of intellectual property who those could show on the same and are committed to observe the terms of these licenses and to respond of the use Pacific of the same.
9. - CONFIDENTIALITY
9.1. All information or documentation that anyone of the parts contributes to the other developing and execution of the applicable contractual Conditions will be considered confidential and exclusive of that contributes it and it will not be able to communicate to third parties without his consent.
9.2 the parts exclude from the category of confidential information all that one information that is disclosed to third parties by the part that owns it, that one that becomes public, that one that there is to be revealed in agreement with the laws or with a judicial resolution or imperative act of competent authority and that one that are obtained by a third party that is not under the confidentiality obligation some.
9.3 This obligation of confidentiality persists up to two (2) years after finalizing the mentioned contractual Conditions.
9.4 No of the parts will acquire no right on any information confidentiality or other rights of property of the other part.
10. - POLITICAL OF PROTECTION OF PERSONAL CHARACTER DATA
10.1. In accordance with the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data (in future LOPD) and in Real Decreto 1720/2007, of 21 of December, by that the Regulation of development of the LOPD is approved (in future RDLOPD), asturhosting shows its policy, with respect to the treatment and protection of the personal character data, which will be of application to those people who voluntarily communicate through e-mail with asturhosting, compliments forms of collection of data, they formalize a contractual relation with asturhosting or use any other present service in the website that implies the data communication to asturhosting or the access to data by asturhosting for the benefit of services. ¨ ¨ the use of the services of asturhosting will suppose the express acceptance of this policy. ¨ ¨ Also, these conditions will be of subsidiary application of those others that on the same matter settle down, with special character, and is communicated without limiting character through the forms of registry, contracts and/or conditions of the particular services, being the present policies as complementary of the previous ones in that one not anticipated specifically and that is not contradicted.
10.2. AsturHosting informs to the user into the website into the existence into several treatments and files into personal data whose person in charge is AsturHostingS.L (asturhosting) with head office in Industrial City ValnalÃ³n, C/LaminaciÃ³n, Parcla 10-2,33930 Langreo (Principality of Asturias), Spain, where the communicated personal data take shelter and store asturhosting.
10.3. The shipment of an e-mail to asturhosting, or the communication to asturhosting of any other personal data through any means, entails or implies the benefit of free, unequivocal, specific, informed and express the consent for the personal data processing by asturhosting, which will be realised in order to take care of the received communications. ¨ ¨ In the hiring of services offered by arsys, the data will be treated in order to exclusively to this end maintain the contractual relation that if so it settles down, in accordance with the nature and characteristics of the contracted service and, asturhosting will contact with the client through e-mail, SMS or other means indicated at this last one, as well as for the maintenance of historical of trade relations during the legally established terms. ¨ ¨ asturhosting allows that the clients choose, in the form who compliment when registering, if they wish or not to receive commercial information. Independent of the option that they had chosen, they will be able to modify it at any time, so many times as they wish, from the specific section for such aim, available in its Area of client. ¨ ¨ In those cases in that the clients choose to receive commercial information, asturhosting informs into which their data will be dealed with for the shipment documentation and information related to the services, commercial and/or advertising communications on the same, either other similars, by postal, telephone route, e-mail, SMS or other means indicated by the client. ¨ ¨ In those cases in that asturhosting must accede and/or try personal character data responsibility and ownership of its clients, for the suitable benefit of the contracted services, that one will treat the corresponding data as in charge of the treatment in accordance with the anticipated thing in the present Policy of Privacy in which the obligations of the parts in the terms established in article 12 of the concordant LOPD and of the RDLOPD are regulated. ¨ ¨
10.5. The user will be able at any time to exercise his rights of access, rectification, cancellation and opposition, in those assumptions that is possible, sending a message from the section Contact of the tool Area of Client, accessible from http://swordfishcode.com if she is client. Also, these rights will be able to be exercised, by means of the remission of a communication to the following [email protected] email address or the shipment of a request written indicating the request or right that exercises, along with a copy of their national identity document or valid document in right that credits its identity, directed to AsturHosting S.L in the following mailing dress Industrial City ValnalÃ³n, C/LaminaciÃ³n, Parcel 10-2 - 33930 Langreo (Principality of Asturias), Spain, for the attention of the Department of Commercial Information.
10.6. AsturHosting has predicted the accomplishment of cessions or data communications that in regard to article 11 of the LOPD must realise to take care of its obligations with the Public Administrations if so and also, to other organs, when therefore it requires it the effective Legislation. ¨ ¨ In this sense and in accordance with the dispositions of Law 25/2007, of 18 of October of conservation of data regarding the electronic communications and to the public networks, informs if so to the user who asturhosting will have to come to retain and to conserve certain generated data of traffic during the development of the communications, as well as, to communicate these data to the competent organs, whenever the circumstances anticipated in this Law concur. ¨ ¨ Also, in those assumptions in which it is from application as a result of the benefit of the services, and as requirement established by the ICANN or competent registrante organization, the holder of a domain name authorizes the publication of the data regarding the ownership of the name of domain at issue and the contacts administrative, technical and of payment that, according to the norm, must be accessible public and from the WHOIS of the competent cash registers. In case the client is not the holder, she is commited to successfully obtain of this one the authorization for the publication of the data and the transmission of the same. ¨ ¨ asturhosting informs into which it will be able to yield the personal character data, exclusively for the detailed purposes throughout the present Policy, to any integral companies of the Group of Societies of which it comprises, understood this in the sense of article 4 of Law 24/1988, of 28 of July, the Stock market, whose activity is the commercialization of services of identical or analogous nature to the offered ones by asturhosting, such as services of presence in Internet, managed Hosting, cloud computing or solutions technological infrastructure outposts, for which, the user and/or client offer his consent in advance.
10.7. Asturhosting warns that, except for the existence of a legally constituted representation, no user and/or client will be able to use the identity of another person and to communicate his personal data, reason why at any moment will have to consider that must communicate to asturhosting, personal data corresponding to its own identity and which they are adapted, pertinent, present, exact and true. ¨ ¨ To such effects, the user and/or client will be the only person in charge against any damage, direct and/or indirect that it causes to third parties or asturhosting by the use of personal data of another person, or its own personal data when they are false, erroneous, nonpresent, inadequate or impertinent. Also the user and/or client who communicates the personal data of a third party, will respond before this one of the obligation of information settled down in article 5,4 of the LOPD for when the personal character data have not been successfully obtained of the own one interested, and/or of the consequences of to him not to have informed.
10.8. Asturhosting informs into which, in accordance with arranged in the LOPD and the RDLOPD, it has adopted the organizational measures of technical nature and necessary to guarantee the security of the personal character data taking into account the state of the technology, the nature of the stored data and the risks to that they are exposed, and that will only register personal character data in files that meet the conditions that determine in the effective norm with respect to their integrity and security and to those of the centers of treatment, the premises, equipment, systems and programs. Also asturhosting guarantees the fulfillment of having of professional secret with respect to the personal data object of treatment and having to keep them.
10.9. In accordance with article 12 of the concordant LOPD and of the RDLOPD communication or cession of data will not be considered the access and/or data processing of personal character that are responsibility and ownership of the clients of asturhosting when the same is necessary for the suitable benefit of the services that in each case are contracted. In such cases, asturhosting will act as in charge of the treatment and it will carry out the access and/or treatment of the data in agreement with the terms that next are indicated:
¢ Asturhosting will only deal with the data according to the instructions the client responsible for the treatment and it will not apply them or it will use with aim different from which appears in the contractual Conditions that are to him of application, nor will communicate them, not even for its conservation, to other people asturhosting will not bear responsibility when, previous express indication of the client responsible for the treatment, as planned communicates the data to a third party designated by this one in the LOPD and the RDLOPD.
¢ Fulfilled the benefit of the services of data processing of personal character, these any support or documents will be destroyed, like in which some personal character data consists or any type of information that has been generated during, for and/or by the benefit of the services object of the corresponding Conditions. ¨ Despite the previous thing, arsys will be able to maintain properly blocked the mentioned data during the period in which responsibilities can be derived from their relation with the client.
¢ In case in that asturhosting destines the data to another purpose, it communicates them or it uses them failing to fulfill the corresponding Conditions of the service, will be considered, also, person in charge of the treatment, responding of the infractions which it had incurred personally.
¢ asturhosting is commited, in accordance with article 10 of the LOPD, to keep the due professional secret with respect to the personal character data to which it must accede and/or try with the purpose of to fulfill in each case with the intention of the Conciones of the service that are to him of application, as much during as after the completion of the same, committing itself to only use this information for the purpose anticipated in each case and to demand the same level of commitment to any person who within her organization participates in any phase of the treatment of the personal character data responsibility of the client.
¢ In agreement with the established thing in the RDLOPD they will be of application the following rules in relation to the form and modalities of access to the data for the benefit of the services:
¢. When asturhosting must accede to the resources situated in data processing in the facilities of the client responsible for the treatment, this one will be responsible to establish and to implement the policy and safety measures and to communicate such policies and measures to asturhosting, that is committed to respect them and to demand its fulfillment to the people of its organization which they participate in the benefit of the services.
¢. When asturhosting accedes via remote to the resources of data processing responsibility of the client, this one will be responsible to establish and to implement the policy and safety measures in its remote systems of treatment and asturhosting will be responsible to establish and to implement the policy and safety measures in its local systems.
¢. When the service was rendered by asturhosting in its own premises, other people's to those of the client responsible for the treatment, that one will pick up in its document of security the circumstances regarding the treatment of the data in the terms demanded by the effective legislation, incorporating the safety measures to implant in relation to this treatment.
¢ In all the cases, the access to the data by asturhosting will be put under the contemplated safety measures in the effective norm on security of personal data in agreement with the established thing in Title VIII of the RDLOPD, which will have the condition of indispensable minimums, notwithstanding the effective specific legal or prescribed dispositions that could be from application in each case or those that by own initiative adopts astuhosting.
¢ The client authorizes to asturhosting, in his quality of in charge of treatment, to subcontract, in name and on behalf of the client, with third parties the services of storage and guards of backup copies of data, in those cases in that thus it is necessary, respecting in any case the obligations imposed by the LOPD and its norm of development. At any time, the client responsible for the treatment will be able to go to asturhosting to know the identifying data the organizations that if so are subcontracted by asturhosting for the benefit of the indicated services, which in any case will act in accordance with the terms anticipated in this document and previous formalization with asturhosting of a contract of access to data for the benefit of services in the terms anticipated in articles 12 of LOPD and 20 of the RDLOPD.
¢ Also, the client responsible for the treatment authorizes to asturhosting to take to end the actions that next are indicated whenever it is credited that is necessary for the execution of the benefit of services. In any case, the authorization is limited la/s actuaciÃ³n/es that each benefit of services requires and with a maximum duration similar to the use of the contractual Conditions that are of application:
¢. to only carry out the treatment of the personal character data in portable devices of data processing by the users or profiles of assigned users to the benefit of services;
¢. to only carry out the treatment outside the premises of the client responsible for the treatment or asturhosting by the users or profiles of assigned users to the benefit of services;
¢. the entrance and exit of the supports and documents that contain personal supplement and/or character data, including included to an e-mail, outside the premises under the control of the client responsible for the treatment;
¢. the execution of the procedures of data retrieval that asturhosting is seen in the obligation that to execute.
¢ Asturhosting does not become person in charge of the breach of the obligations derived from the LOPD and his norm of development on the part of the client responsible for the treatment in the part that to its activity corresponds to him and that is related to the execution of the contract or trade relations that unite to him to asturhosting. Each part will have to do against the responsibility that is derived from its own breach of the contractual obligations, legislation and norm.
11. - CESSION
The client will not be able to yield to third parties, rights and arising obligations of the contractual Conditions of asturhosting without the previous consent of this one, safe for those services that arrange between their characteristics, the possibility of activating multiple users and will be yielded in writing fitting it to the directives and philosophy of the service.
On the other hand, asturhosting will be able to yield its rights, obligations or their contractual position a: (i) any integral companies of the Enterprise Group, being understood as such, those companies in which asturhosting or their partners participate in more in a 50% and share the human and organizational structure of asturhosting as well as other resources of this last one. or; (II) generally, to any other company that direct or indirectly it controls, it is controlled by, or this low common control with asturhosting, and for which the CLIENT offers his advance consent.
asturhosting will be able to subcontract with third parties, the benefit of the services object of these CGS or of the specific Conditions of product, without needing communicating it to the client, with whom will maintain in any case the contractual relation, all this notwithstanding the arranged thing in the effective legislation.
12. - MODIFICATION
12.1 asturhosting reserves the right to modify, in any way, the characteristics and conditions of its services and products, always developing and benefit of the same. For it will not have to fulfill more formality than the one to inform to the client with a warning online and/or to take this modification to the clauses of the contractual Conditions that are to him of application and/or to send it by email electronic.
Notwithstanding the arranged thing in the previous section, asturhosting will communicate in writing these modifications in the smaller possible time for its adaptation by the client.
The client, once communicated the modification on the part of asturhosting, if she were not in agreement with the new conditions, has the term of 14 days natural since she receives this communication, to solve the CGS or the specific Conditions of the contracted product, based on what of both she would have been affected by this modification. Passed this term without communication in opposite of the client, he will be understood that he accepts the new conditions.
Despite the previous thing, asturhosting will put at the disposal of all clients, a copy of the CGS, effective then, publishing it in its webpage, http://www.swordfishcode.com/avisoslegales/.
12.2 If as a result of constant development R+D of asturhosting, of the technological advances that take place in the services of the society of the information, as well as of the technical and/or organizational needs of asturhosting, changes in their services and products or the systems of management and administration of asturhosting would take place, for the adaptation to these advances will be come, if it is considered advisable on the part of asturhositng, to realise the modifications that are necessary.
arsys, in his to act diligent and of good faith in the scope of market of its commercial activity, will realise these modifications whenever suppose a benefit not only of the development of the new technologies, but also of the operation of the company and even of the offered service so that they do not suppose a damage to the clients in all their set.
In case of conflict the damage enters a reduced number of clients and the development of asturhosting and/or the adaptation to the technical and technological advances of the services of the society of the information will be taken care of the benefit of the majority of the clients in this adaptation and the advance of asturhosting in the scope of the new technologies.
13. - LIMITATION OF GUARANTEE AND RESPONSIBILITY
13.1 In no assumption asturhosting, nor the managers and stops dependent positions, administrators, shareholders, agents or workers of her will contract responsibility some by direct cause or indirectly related to the use that the client does of the product contracted through asturhosting.
13.2 the parts in force recognize that the entrance of these CGS and/or of the Specific Conditions of the contracted product, it does not suppose any type of representation, delegation, guarantee or other agreements different from specifically described in the same; and in agreement with it, all the terms, conditions, guarantees or other aspects implied by agreements or general regulation, are explicitly excluded until the limits allowed by the Law.
14. - INVALIDITY
If any stipulation of the contractual Conditions applicable to the client, would be declared null or without effect, wholly or partly, by any court or competent authority, the remaining stipulations conserve their validity, unless the parts discretionarily decide the completion of the contractual relation.
15. - APPLICABLE LEGISLATION AND COMPETENT COURTS
15.1 In not anticipated in the contractual Conditions, as well as in the interpretation and resolution of the conflicts that could arise between the parts as a result of the same, will be of application the Spanish legislation.
15.2 If it got to arise some conflict or it differentiates between the parts in the interpretation and execution from the contractual Conditions applicable to the client, and would not be solved in mutual agreement, the same will be solved at the request of anyone of the parts and after the communication in writing to the other, by means of arbitration before the Court of Arbitration of the Chamber of Commerce and Industry of Gijon.
The arbitration will be celebrated in Gijon and will be lead in agreement with the arranged thing in Law 60/2003, of 23 of December, Arbitration and in the Regulation of the Court of Arbitration of the Chamber of Commerce and Industry of the Principality of Asturias.
Of previous and additional form, in the case of consumers or users, the client will be able to direct to his complaints and claims to asturhosting, preferably through his Control Panel, sending to him asturhosting a number of identifying ticket of the same and allowing his pursuit him from the Control Panel. AsturHosting is committed to respond to the client in a maximum term of a month from the shipment of its claim.
15.3 All the previous one will be understood specifically still with the possibility that the parts can be put under a judicial procedure, in this case will become before the jurisdiction and competition of the Courts and Courts of Gijon, resigning to its own charter, of being another one, in the cases that the procedural norms allow it. In the case of consumers or users, asturhosting is sent to the arranged thing in the effective procedural norm.
15.4 If it is reasonably possible, the fulfillment of the mentioned contractual Conditions, will continue during the course of any discord and/or by arbitration or judicial procedure. If any stipulation picked up in the contractual Conditions were declared null or without effect, wholly or partly, by any court or competent authority, the remaining stipulations will conserve their validity, unless the parts discretionarily decide the completion of the Contract.