CONTRACT OF LODGING (HOSTING) WITH IGARCOM INTERNET S.L.U.
In San Sebastian
REUNITED
On the one hand Igarcom Internet SLU. Residing in CEMEI - c Portuetxe, 23 B, office 4-2, San Sebastián 20018 Guip'uzcoa. With CIF B-20832804. Constituted by means of authorized public writing by the Notary of the Locality of Irun Paschal Don Garci'a Rosemary, to date of 05, of February, of year 2004 in the Mercantile Registry of the locality of San Sebastian, in the volume number 2078, book I number 0, folio I number 10, leaf number SS-23474, inscription number 1ª, (in future, Igarcom).
And on the other hand
The denominated organization (name of the organization), of Spanish nationality. Residing in the street/reconciled/place (type of via), in the locality of (locality), and provided him Fiscal Number of Identification (number of NIF). Constituted by means of authorized public writing by the Notary of the Locality of (locality), Don/Do6na (full name), to date of (day), of (month), the year (year) in the Mercantile Registry of the locality of (locality), in the volume number (number), folio number (number), leaf number (number), inscription number (number), (in future, “the Client”).
The Parts, of their free and spontaneous wills, declare to have and to be clear, mutual and reciprocally, the legal capacity necessary to grant the present Contract whose effects, could be denominated jointly like “the Parts”
THEY DECLARE:
I. That IGARCOM is dedicated to offer different services of Internet, among others lodging of pages Web in its servants.
II. That the Client wishes to lodge his pages Web in one of the IGARCOM servants.
III. That both Parts of their free and spontaneous wills have decided to grant the present contract (in future, “the Contract”) with the following
CLAUSES
1. Object of the contract.
The Client contract with IGARCOM the services of Hosting with the described technical characteristics in Annex I, according to the conditions and stipulations established in the clauses of the present Contract, (in future, “the Services”)
2. Services.
IGARCOM offers to the Client the following services:
2.1. Service of rent of space in the servant property of IGARCOM described in Annex I of the present Contract.
2.2. Remote access of the Client to the computer science equipment of IGARCOM (in future, the Servants), to insert, to modify or to eliminate data solely.
2.2. Allocation of a direction IP (Internet Protocol) related to the name or names of dominion, property of the Client and that chooses to the effect, for the purposes of which the Information can be acceded by third parties through Internet. The referred IP could at any time be modified by previous IGARCOM notification to the Client with an advance of 3 days.
2.3. Service of statistic: the Client will be able to accede to the statistical data on number, place, hour, etc. of access to his page, in the plans allow that it.
2.4. IGARCOM will daily realize backups in all the data lodged in the Servant.
3. Access of the client to the servant of the Company.
The Client will accede by telematics means to the IGARCOM servant to lodge, to modify or solely to suppress data lodged in the Servant. To this end, IGARCOM will provide the client with a number of key user and so that it can accede through (inserting the access characteristics: it can be via FTP, through Internet by means of safe servant SSL, etc.) in the schedule (24/7/365), as well as license of a personal and nonexclusive use on the applications necessary to carry out this access.
The Parts will maintain the confidentiality of the key that is assigned to him. Of any way, IGARCOM will not modify key happiness leaving this to disposition for Client.
4. Intellectual property on the contents.
The Client grants to IGARCOM a nonexclusive license to reproduce or to copy the data lodged in the Servants unique and exclusively to be able to correctly serve object of the present Contract. The Client declares that she has the opportune rights of intellectual or industrial property to lodge the data that are transferred the Servant without it harms no right of third parties.
5. Responsibility and norms of use
5.1.1 Of the Client.
It is prohibited the transmission, stored, intermediation and/or distribution of any material that fulfills some of the following characteristics, although they are not limited them exclusively: data protected with copyright, data
confidential and/or secret, any material that violates the rights and laws of intellectual property without the pertinent consent; any material that difamatorio is offensive, illicit, obscene and/or, material and software of assault to systems. Some examples of allowed content are not: archives MP3, Warez, images protected by copyright, programs and tools to assault the security of systems, tools of Hacking, programs cracks
in order to desproteger software, generators of serial numbers, serial numbers of software, generators of numbers of credit cards, bots IRC.
Any site that connects to content that does not adjust to this policy of content, will be equally subject to the violation of this policy.
The mere possession of programs and tools dedicated to hacking and assault of computer science systems, including sniffers, spoofers, bouncers, scanners of ports, cracks, exploits, will suppose the immediate suspension of the service.
IGARCOM reserves the right to retire the content of the pages Web of the Client or to make them inaccessible to third parties from the moment at which it later considers that information nonallowed by virtue of the present Contract exists, notifying it the Client. In the assumption to demonstrate itself that the lodged content does not infringe the stipulated thing in this clause, IGARCOM will replace this information without responding at no moment by the damages and damages undergone by the retirement of this information.
The responsibility on the data lodged by the Client in the Servant of IGARCOM is exclusive of the Client. In case it exists or it is incurred some punished cause penal, civil or administratively, the Company will be able to terminate the present Contract, notwithstanding the damages and damages that can be derived from these activities, of which will respond the Client.
5.1.2 - The Client must have a backup of the information that stores in its assigned disc space.
5.1.3- The Client will be the person in charge to suitably protect the content of the information that stores in its disc space with the necessary permissions.
5.1.4- The Client commits itself to maintain updated the information of contact in the data base of Clients of Igarcom, in order to make him arrive any communication, interruption on watch or arisen problem.
5.1.5- The Client admits that she has necessary knowledge for the accomplishment of his page Web, as well as for the update of its page, such as programs clients FTP, clients of email, Telnet/SSH clients
5.2. The Client will commit itself to fulfill the following norms of behavior and use of the services of lodging:
The content of the data lodged by the Client will have to be in compliance with the laws of their country, and with the laws of Spain.
Igarcom reserves the right to review the content of the stored data of the Client in the servants of Igarcom, in order to verify that these are within the norms of use of the service, adjusts to the legality, and is allowed by the policy of Igarcom.
Any breach of the content norms will suppose the immediate suspension of the service, and the communication by email on the part of Igarcom to the Client of its infraction. The Client will have 15 days to adapt to the content norms, happened which will come to the erasure from the information and lodged data from the Client. The Client will be applied to a quota of two hundred Euros (200 €) for the restitution of the service once has adatado itself to the policy of contents.The Client is the unique person in charge of the lodged content, and accepts all the responsibility in case of violation with the effective laws. Igarcom is free of all legal responsibility on the content of the Client.
5.2.2. - Spam (not asked for Electronic mail)
It is final prohibited the use of the servants of Igarcom or a direction of email lodged in the servants of Igarcom to realize Spam, the shipment of not asked for massive mail. Igarcom will be the unique referee who decides if violation in this aspect has been constituted, being based on the denunciations that can receive from users of Internet, other ISP, or of the pertinent authorities. It will be also violation object if the publicita client his dominion his dominion lodged in Igarcom by means of Spam, although is not used like email servant the own servant of Igarcom.The breach of this norm will entail the suspension of the account of the Client and the imposition of a fine of at least two hundred fifty Euros (250 €) and will depend on the realized range. If after the payment of the fine, the Client accepts to readherir itself to the Spam policy, Igarcom will consider the restitution of the account of the Client; if outside accepted the request will be applied a quota of restitution of six hundred Euros (600 €).
5.2.3. - SECURITY.
It is prohibited the violation of the safety measures of the servants and networks of Igarcom final.
It is prohibited the use of the servants and the networks of Igarcom to conduct any battle of hacking on other servants and networks, or the own servants and networks of Igarcom.
It is prohibited the possession of programs and tools related to hacking, and/or that can be used to jeopardize the security of the servants and the networks of Igarcom. Some examples of allowed programs are not: sniffers, spoofers, scanners of ports, exploits, cracks, IRC bots,
The violation of this norm can entail legal implications and of
civil responsibility.
The Client commits itself to compensate to Igarcom if outside caused a loss of data and/or interruption on watch due to the activities of the Client.
Also, the Client will assume all responsibility on the acts realized on the servants and the networks of Igarcom or any other servants and networks. Igarcom will not assume responsibility some against the violations of security of its Clients.
The breach of this norm will entail the automatic decontamination of the account of the Client, and the imposition of a fine whose amount will depend on the gravity of the realized activities. Legal actions against the Client in case of serious violation of security will be able to be taken.5.2.4. - SYSTEM RESOURCES
Igarcom reserves the right to establish a maximum of resources that a Client can use in the servants and the network of Igarcom. Any Client who consumes more resources than the habitual thing will be invited to pay an additional quota or to reduce the consumed resources.
Igarcom will communicate in writing to the Client the fact to surpass the number of allowed resources, and the additional quota that must pay to continue enjoying the service. If passed 24 hours the quota it had not been paid, or the amount of consumed resources is not reduced, it will be come to the temporary suspension of the account of the Client. If passed 96 hours the quota she were not paid, the possibility will be come to the definitive suspension of the account, existing of reestablishing the service by a quota of fifty Euros (50 €)
Igarcom reserves the right preventively to suspend and without previous warning the account of any Client who reduces the quality on watch of the rest of Clients. This norm is necessary in case of receiving a nonawaited traffic to the Web of the Client, who can bring about a saturation, and a loss of quality of served to the rest of Clients. After the suspension one will communicate
to the Client the fact in writing.5.2.5. - ABUSE OF THE SERVANT
It is final prohibited the attempt to damage the integrity of the servants and the network of Igarcom.
The Client accepts to pay an indemnification if their activities are object of ABUSE OF the SERVANT.
5.2.6. - PROCESSES OF PROGRAMMED EXECUTION (CRON JOBS) and PROCESSES BACKGROUND
The processes of programmed execution will be allowed whenever it is contracted by the Client, previous authorization on the part of Igarcom.
Limitations in the amount of servant resources will be able to be applied who these processes can consume. Igarcom reserves the right to prevent the execution of a CRON JOB that considers that it consumes many resources.
Special quotas for the execution of this type of processes could be applied.
It is prohibited the execution of processes in background, except for express authorization on the part of Igarcom. Special quotas for the execution of this type of processes could be applied.
It is PROHIBITED the execution of any program or application final that abra and/or listens to any port for the communication in network. Igarcom could authorize the execution of some of these programs in extraordinary circumstances, and after verifying that the application does not jeopardize the integrity and security of the system. Special rates for the execution of this type of processes will be applied.
It is prohibited the execution of programs such as IRC bots, eggdrops, and own tools of IRC. It is also prohibited the execution of bouncers.5.2.7 Lists of email
The Client will be able to form and to manage this number of mail lists. For it the program of management of lists is facilitated denominated Mailman. A limit of 1000 users by each list, or 10,000 messages distributed to the month is applied from the list. Igarcom reserves the right to limit the use of the lists of email if the user realizes a use that can bring about a saturation in the servants of mail of Igarcom.
5.3. Of IGARCOM.
In no case, IGARCOM will be responsible by any direct or indirect damage, including the loss of benefits or data, as well as by the occasional interruption of the Service.
IGARCOM guarantees that the premises where are the servants perfectly remain prepared and with the suitable or legally indispensable safety measures. In no case IGARCOM he will be responsible by the damages suffered in the Servants as a result of act of God or greater force.
6 Price and mode of payment.
IGARCOM will invoice to the Client by served a quota of discharge (if it requires it to the service) and a quarterly, annual or biennial amount that will have to pay the Client in advance and within the seven first days of the month following to the one of the date of beginning of the present Contract. To these amounts them the corresponding IVA will be due to add. In any case, IGARCOM will be able to modify the prices by served to the Client with at least one advance of 30 (thirty) days to the one of modification of the prices.
7. Confidentiality.
Client and IGARCOM commit themselves to try confidentially, and not to reproduce, to publish nor to spread no information about the data, systems and any information related to their professional activity, including the information that on third people can lodge the Client in the Servants of IGARCOM. Once extinguished Contract, each part will erase and will destroy all the information that on the present relation has stored in any support or has reproduced by any procedure, especially IGARCOM, that will eliminate all information that has lodged the Client, hers or of third parties, in its servants, excepting the one who by legal obligations both Parts must conserve.
8. Duration.
The present Contract will have a minimum duration of 3 months and principle of a year. Finalized the Contract without no of both Parts indicates its will to solve it in writing, by means of certified letter or email and with an advance of (15) days, it will be prorogued automatically by the same contracted period previously and so on.
9. Resolution of the Contract.
9.1. By will of anyone of the parts mediating convincing advance warning with a minimum advance of 15 days.
9.2. By serious breach by anyone of the Parts of the obligations established in the present Contract.
9.3. The extinction of the legal personality of anyone of the Parts or that anyone of the contractors falls in situation bankruptcy or suspension of payments.
10. Applicable legislation and competent jurisdiction.
The present Contract will be in force and interpret in agreement with the Laws of Spanish legislation 36/1988, of 5 of December and the regulation of the chamber of espñola commerce and will be put under the jurisdiction of the Courts of San Sebastián, Guip'uzcoa Spain.
11. Arbitration (alternative option to clause 10)
For the solution of any litigious question derived from the present Contract, the Parts are put under the institutional arbitration of the By arbitration Court of San Sebastián Guip'uzcoa from now on, to which it is in charge to him designates of the referee or referees to it and the administration of the arbitration, commiting themselves to the fulfillment of the by arbitration decision.
12. REIMBURSEMENT GUARANTEE:
Igarcom will offer to the Client a guarantee of return by a period of 30 days, last which could not be applied this guarantee and reimbursement will not be applied some. The Client will have to communicate his desire of annulling the service in writing and to take refuge in this guarantee of return.
Those Clients will not be able to take refuge in this guarantee who have been suspended by a use outside the NORMS OF USE of the section
ANNEX I
CONTRACTED SERVICES
Parking of dominions
to see the page Web
Plan Mail
to see the page Web
Personal plan
to see the page Web
Basic plan
to see the page Web
Professional plan
to see the page Web
Virtual plan
to see the page Web
E-commerce plan
to see the page Web
Plan Multidomino ISP
to see the page Web
Plan Professional Multidominio ISP
ANNEX II
PRICES BY SERVED
Parking of dominions
to see the page Web
Plan Mail
to see the page Web
Personal plan
to see the page Web
Basic plan
to see the page Web
Professional plan
to see the page Web
Virtual plan
to see the page Web
E-commerce plan
to see the page Web
Plan Multidominio ISP
to see the page Web
Plan Professional Multidominio ISP
to see the page Web
Extras
Additional accounts POP3/IMAP4 1 - 1 Euro/month
Additional accounts POP3/IMAP4 10 - 8 Euros/month
Additional accounts POP3/IMAP4 20 - 14 Euros/month
Additional data base MySQL 1 - 2 Euros/month
Additional data base MySQL 10 - 40 Euros/month
Additional data base MySQL 20 - 70 Euros/month
Additional Subdominios 1 - 2 Euros/month
Additional Subdominios 10 - 16 /mes Euros
Additional Subdominios 20 - 35 Euro/month
List of mail additional 1 - 10 Euros/month
List of mail additional 10 - 80 Euros/month
List of mail additional 20 -175 /mes Euros
Additional accounts FTP 1 - 1 Euro/month
Additional accounts FTP 10 - 8 Euro/month
Additional accounts FTP 20 - 14 Euro/month
Additional rooms of chat 1 - 6 Euros/month
Additional rooms of chat 10 - 48 Euros/month
Additional rooms of chat 20 - 105 Euros/month
Disc space additional 50 MB - 6 Euros/month
Disc space additional 100 MB - 9 Euros/month
Disc space additional 200 MB - 15 Euros/month
Disc space additional 500 MB - 30 Euros/month
Disc space additional 1 Gbyte - 50 Euros/month
Additional transferences 1 Gbyte - 8 Euros/month
5 additional transferences Gbyte - 32 Euros/month