Dominions, Lodging of Pages and Programs for Remarketers.
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Contract of benefit of services
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On the one hand WebSite Strategies LIMITED LIABILITY COMPANY (in future empirehosting.org) with CIF: B83150771 and social address in C/Asunción Castell Nº 24 of Madrid, 28020 (Madrid). Limited liability company constituted in Madrid before notary D. Juan I. Garmendia Miangolarra enrolled in the Mercantile Registry of Madrid Seat: 1/1209/983 Folio: 141. Of another part the contractor, physical or legal person who compliments the hiring form, with the demanded data and with that empirehosting.org establishes a commercial activity through this contract. The contractor knows, understands freely and accepts, after inquiring into the characteristics of each service, the present contract. The contractor will be, in any case, the adressee of served by empirehosting.org, either for his particular use or for its use by a third party yielded by the contractor, if service allows the referred it, in the conditions that he client settles down. Both parts, empirehosting.org and client, are interested in formalizing the present contract accepting the terms and conditions established in the following: 1. empirehosting.org OBLIGATIONS. By virtue of the present contract, empirehosting.org is committed to serve the following: 1.1 - An entrance in primary and secondary servants DNS of empirehosting.org with the purpose of to respond of direction IP of the name of dominion and the machine for the interchange of the mail of the dominion. 1.2 - An organization Telematics created in a computer with operating system Linux (Server Apache), connected to Network Internet of permanent form with the characteristics that are enumerated next. 1.3 - A directory base in the hard disc of one of the servants of empirehosting.org destined to the free file storage. The directory will be accessible by means of a called account of private FTP “counts main of FTP�. The disc space including in the service will be member state function of the service contracted, expandable according to effective tariffs at any time. One of the subdirectories of this directory base will be accessible to the Web server, providing the root of the space destined to the publication of archives in the World Wide Web. 1.4 - An entrance in one of the Web servers of empirehosting.org with the purpose of to respond to the navigators of Internet who ask for pages Web of the dominion. The emitted answer will be the content of the publication directory Web previously commented or of the page of entrance of directory saying. 1.5 - An entrance in one of the servants of electronic mail of empirehosting.org with the purpose of to provide to the dominion a place for the interchange of its mail. 1.6 - Directions of mail according to characteristics of the contracted dominion, with its corresponding accounts POP3 or IMAP4 and 5 space of Mb for the storage of the messages that receive, this option is not available for the redirections Web. The account number of mail is expandable according to effective tariffs. 1.7 - Limitless directions of mail of the type alias, also known like forward or redirigidas. These accounts of mail do not include space in hard disk for the storage of messages, nor either an account POP3 with password for their reading. These accounts are limited to resend the mail to the account that the client specifies. The number of alias for the redirections Web will be of 10. 1,8 - Accounts of access by FTP deprived to the subdirectories specified by the client. One of them is the “main account of FTP� and gives access to the root of the basic dominion. The rest can be assigned to subdirectories within the basic dominion, so that they only give access to the content of the assigned subdirectory. The account number of access by private FTP is expandable according to effective tariffs, option nonavailable for redirections. 1.9 - Traffic: A minimum bandwidth of 64 is guaranteed Kb. The adult sites “Web� as well as the use of call Spamming are prohibited. Each one of the plans of lodging free of charge have a volume of octeins transferred through servant. This relation is of the following form: - Basic Lodging ----> 1 Gb of gratuitous monthly transference. - H40 Lodging -------> 2 Gb of gratuitous monthly transference. - H100 Lodging ------> 3 Gb of gratuitous monthly transference. - Ecom Lodging ------> 4 Gb of gratuitous monthly transference. If in a monthly period this quota is surpassed the Gb will have to be paid to the excess consumed at the rate of 8.50 Euros. 1.9.1- Distributing plan. The Distributing Plan has a gratuitous transference of 10 Gb for Distributing Plan Is and of 20 Gb for distributing Plan II. The distributers will be able to contract Gb of additional transference, in which case these will be tarificará to him according to present tariffs in the Web of virtualpyme at every moment, if in a monthly period this distributer surpasses this quota will have to pay the excess consumed at the rate of 8.50 Euros. 1.10 - A complete statistic analysis of the accesses to the pages Web realized on the archives of log of the Web server. 1.11 - To take part quickly in case of incident and to assure the maintenance at the best quality level of its tools and to watch the competition of its equipment with a continued formation of its personnel. 1.12 - Technical attendance, Concerns empirehosting.org and it takes place by email. The workable hours h is of Monday to Vernes of 9,00 h to 19,30, excepting the holidays. All question outside the scheduled times marked as emergencia will be treated the 24 h/365 days after approval of costs by the client. 1.13 - Access to programs cgi of free use available in the servant. At the moment they are: · Cgi of support for shipment of forms by email. Configurable through pages Web. 1.14 - A Control Panel based on pages Web from which the client will be able to assign and to modify his accounts of mail, of FTP, alias of mail, CGIs and to accede to the access statistics. The realized changes are updated immediately. 2. OBLIGATIONS OF THE CONTRACTOR. 2.1 - Conditions of use of the service. The use of the dominion 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 the transmission of any content that, according to empirehosting.org, is violent, obscene, abusive, illegal, racial, xenophobe or difamatorio. · Cracks, pirate serial numbers of programs, sites (warrez) or any other content that harms rights of the intellectual property of third parties. · The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data. · The use of the virtual servant of mail of the dominion and the directions of electronic mail with the aims of call Spamming (shipment of not wished massive mail, commercial type or any other nature) as well as of the mail bombing (shipment of great messages with the purpose of to block a servant). 2,2 Responsibilities of the CONTRACTOR. By means of the hiring of this service, the CONTRACTOR commits a: · To keep by its account a backup from the information that is published in the dominion. The CONTRACTOR commits itself to maintain operative, activates and updated direction email provided in the form of hiring for the communications with estrategias.ws. If he changed to direction email facilitated in the hiring form the CONTRACTOR he forces to communicate the change to estrategias.ws in the maximum term of 5 days so that the communication between both contracting parts is not interrupted. estrategias.ws is exonerated of all responsibility by the consequences that the lack of operativity of direction email of the client or of not communicating the change of direction can produce, as well as by the disinformation that allege the client due to their own negligence at the time of maintaining assets east data. The CONTRACTOR will only assume he them consequences of defects of the operation of the service as a result of all use, by the members of his personnel or all person to who the client has left his or its passwords. 3. PRICE OF THE SERVICE OF LODGING. 3.1 - The hiring of the service is free of the discharge payment. The CONTRACTOR will have to pay to WebSite Strategies LIMITED LIABILITY COMPANY the price of the service of lodging in Euros according to tables available “online� in the http://www.empirehosting.org site at the time of the purchase (IVA not including). 3.2 - If in addition, the CONTRACTOR wished that empirehosting.org is in charge of the proceedings of registry of the dominion or change of servant, it will have to consider the following costs: - Management of dominions .com, .net, .org, is gratuitous. - Registry of dominions .com, .net, .org, .info and .biz 17.50 Euros by the annual registry (plus 16% IVA). - Registry of .com dominions .es, .org .es, .nom.es 17.50 Euros by the annual registry (plus 16% IVA). - Registry of .gov dominions .es, .edu .es 34.95 Euros by the annual registry (plus 16% IVA). - Registry of dominions .es 72.50 Euros by the annual registry (plus 16% IVA). A year after registering the dominion it is necessary to realize a renovation of annual character. The management of the annual renovations is realized free for the dominions .com, .org, .net. 3.3 - The quantity of the prices stipulated at the time of the company/signature of the present contract could be object of revision on the part of empirehosting.org. In case empirehosting.org carried out this revision, the CONTRACTOR, of not being in agreement with the same, will have right to solve the present contract without needing paying to additional amount some to empirehosting.org 4. MODE OF PAYMENT. 4.1 - The CONTRACTOR will have to annually pay the price stipulated in advance by means of banking domiciliation and with the regularity that the CONTRACTOR declares at the time of the hiring, monthly, quarterly or. 4.2 - The first payment includes the proportional part of the days that remain of the month in course plus the complete following period. If in addition the CONTRACTOR ordered to empirehosting.org the registry of the dominion, the first payment will include the quantity of this registry as well as the expenses of this management, according to effective tariffs at the time of the registry of the dominion name. 4.3 - When paying the proportional part of the days of the month in course, the following renovation will take place in the first days corresponding to the following period (without counting the present one). 5. BANKING RETURNS. 5.1 - By each banking return that takes place by causes imputable to the CONTRACTOR, empirehosting.org will acquire an additional tariff of 6 €. 5.2 - empirehosting.org reserves the right to temporarily block served before any incidence undergone in the collection of the service until the resolution of the same. Also if the contract stays the dureante non-payment more than 15 days after notification in writing of non-payment it can be annulled of right plenary session if empirehosting.org decides therefore it. 6. DURATION AND RENOVATION OF THE CONTRACT. 6.1 - The present contract will be of application from the date of acceptance of the same on the part of the CONTRACTOR. 6.2 - Both parts will be able to at any time solve the contract by means of the notification in writing, with a term noninferior to 30 days. When the contract is solved in this way, the CONTRACTOR will have to pay all the served by empirehosting.org until the moment of the resolution and the benefit of slopes will be suspended. 7. REIMBURSEMENT GUARANTEE. 7.1 - The CONTRACTOR will have a term of thirty (15) working days as of the date of discharge of the service to solve the present contract without incurring penalty nor additional cost some. 7.2 - After the exercise of this right, empirehosting.org will refund to the CONTRACTOR the quantity paid by the benefit of the service (that is to say, the first payment of the service of lodging) excepting so much the quantity disbursed by the CONTRACTOR for registry of the name of dominion like the expenses caused by the management of the registry of the dominion. Also, the CONTRACTOR will have to pay the consumption of transference realized by his dominion during the effective benefit of the service. 7.3 By virtue of the previous thing, after the resolution of the present contract, the dominion name will continue being property of the company obtains that it and could be used with the services of empirehosting.org or the ones of any other company. 8. empirehosting.org RESPONSIBILITY. 8.1 - empirehosting.org is committed to put all the average ones to assure the permanence, continuity and quality of the services that propose, and to this title it subscribes a means obligation. Consequently empirehosting.org will try to offer an access 24 hours to the day 7 days to the week, without being able to guarantee considering it the nature of Internet. However, the responablidad of empirehosting.org could not be it jeopardize by the deteriorización of the applications by the acts of the client, lack of respect, bad use of the applications and partial or total destruction of the transmitted or stored information that they are errors imputable direct or indirectly to the CONTRACTOR or derived from the fact to share a same machine with other dominions. 8.2 - If empirehosting.org failed to fulfill the commitments assumed in this contract to serve inefficient during a period superior to 1% of the cycle of invoicing, the commitment of empirehosting.org of availability in the network would suppose the return of the money acquired by the lodging during this period. In case of absolute empirehosting.org necessity the possibility is reserved of interrupting the service to come to a technical intervention to improve its operation or for all operation of maintenance. 8.3 - Although empirehosting.org daily will realize provided with accomodations backups of the dominion, empirehosting.org does not take responsibility of the loss or the accidental erasure of the data. Of equal way, empirehosting.org does not guarantee the total replacement of these data because in the time passed between the last copy and the erasure, the data have been able to change. 8.4 - In no empirehosting.org case it accepts responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the basic dominion or of not fulfilling this one with the expectations of the CONTRACTOR. 8.5 - The access and use of the dominion are exclusive responsibility of the CONTRACTOR, in such a way that empirehosting.org does not become person in charge of any way (neither direct nor subsidiary) of any direct or indirect damage, that the CONTRACTOR could cause to third parties. 8.6 - empirehosting.org observing the effective norm in the matter of protection of personal character data, informs that the personal data that take shelter through the forms of the Web include in the specific files of clients of the company. 8.7 - empirehosting.org is exonerated of all responsibility by the consequences that the lack of operativity of direction email of the client or of not communicating the change of direction can produce, as well as by the disinformation that allege the client due to their own negligence at the time of maintaining assets east data. 8.8 - It happens what happens, the post of the damages and interests that empirehosting.org could assume if its responsibility this jeopardizes, would be limited the post of the sum indeed transferred by the CONTRACTOR to WebSite Strategies and/or invoiced to the CONTRACTOR by empirehosting.org. 9. CAUSES OF RESOLUTION OF THE CONTRACT. 9.1 - Notwithstanding the legal causes of contract resolution, empirehosting.org reserves the right to finish of anticipated form the present contract and therefore to strip to the CONTRACTOR of the service of lodging, if the CONTRACTOR will not fulfill the obligations stipulated in this contract. 9.2 - empirehosting.org will be able to exert this right without needing advance warning some, and the CONTRACTOR will not have right to demand indemnification some. 10. LAW AND COURTS. 10.1 - In not anticipated in this contract, as well as in the interpretation and resolution of the conflicts that could arise between the parts as a result of the same, it will be of application the Spanish legislation. 10.2 - The present contract is put under the Spanish law. 10.3 - In order to solve whichever divergence regarding the interpretation or to the execution of the present General Conditions of Sale it will be exclusive competition of the Courts and Courts of Madrid, resigning specifically to his own law, of being another one.
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Policy of protection of data
WebSite strategies LIMITED LIABILITY COMPANY, with C.I.F nº B-83150771, and social address in Asuncio'n Castell, 24 3° of Madrid, Madrid 28020, in future empirehosting.org, name of dominion del that is proprietor, by means of the present warning informs to the users of his site www.empirehosting.org into its policy into protection into personal data. So that the users decide frees and voluntarily if they facilitate or not their personal data empirehosting.org communicate to them that: If you are minor you need the consent its parents or tutors before sending its data to us. Unless the opposite settles down itself, he will be considered necessary to complete the data of the fields of each form, since otherwise it will not be possible to be come to the registry and/or the service will be able to be denied. The personal data that provided by the users will be stored and treated in a file del that is responsible for the treatment and empirehosting.org holder. According to the applicable norm east file is in the Publication and document record department of Protection of Data with the inscription code n° 2022950129 enrolled. These data are picked up with the purposes of establishing and of managing the contractual relation, to serve asked for, the administration, study and improvement of served by virtualpyme indeed. To this end they will be necessary to send technical, computer science and/or commercial communications. In the case of registry of dominions in organism ICANN as well as for the dominions with the Organization It publishes Enterprise RED.ES, with the purpose of to carry out this service of registry of certain dominions personal data (name, last names, direction, telephone, fax, email, etc) of our clients must be communicated to our suppliers eNom, Inc. domiciled in 16771 NE 80th Street, Suite #100 Redmond, WA the 98052 USA info@enom.com, iHoldings.com Inc., 13205 SW 137th Bird, Suite #133, Miami, FL the 33186 USA info@iholdings.com and RED.ES domiciled in Palace of Communications, c Alcala, 50 28014 Madrid info@esnic.es. Therefore the shipment of personal data with the purpose of to register dominions in these organisms, will imply the express consent of the user of this communication with the purpose of it effective benefit of the service as well as the obligation to maintain updated the provided information to guarantee a good communication. The adressee of this file is empirehosting.org that guarantees that it will fulfill the secret obligation and that any other cession to third parties of the personal data of the users will be communicated properly to the affected ones specifying the identity of the assignees and the purpose whereupon is going away to treat the data that are yielded. The user will fill in the form with true and up-to-date complete data and will be able to at any time exert the right of access, rectification, cancellation and if so opposition according to the settled down thing in Statutory law 15/1999 of 13 of December of Protection of Personal Character data and other applicable norm sending a writing a: Brave WebSite strategies LIMITED LIABILITY COMPANY Murillo, 377 1º 28020 Madrid
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