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          A) DEFINITIONS


VHD (VirtualHostingDigital): website dedicated basically specialized in the registry of names of domains, variable lodging of webpages and services of Internet.

A.1
Client: all that one legal natural person or who completes the hiring form and chooses some of the services or plans of lodging offered by virtualhostingdigital.com through her URL www.virtualhostingdigital.com and who appears as one of the contracting parts.

A.2
Contract: it contains all the clauses picked up in this document, as well as all additional information that on the particular service of lodging, chosen by the client, one takes shelter, of up-to-date way, specifically in the URL www.virtualhostingdigital.com. The content of prices and the information on resources, applications and characteristics of the services/lodging plans that are pronounced via Telematics in the Web www.virtualhostingdigital.com will prevail over the gathered thing in this contract; for the declared thing in all those mentioned aspects previously (contained commercial, prices and the information on resources, applications and characteristics of the services/lodging plans) the arranged thing in this contract will not prevail.

A.3
Name of domain: set of characters that identifies a site of the Internet network with a direction (IP). IP (Internet Protocol): set of rules that regulate the data transmission through the network.

A.4
Services/Plans of Hosting (Hosting): Space in the servers engaged by the proprietor of the lodging page where one is located the name of domain of the client administering to him the resources and own applications of the services/plans that the proprietor of the lodging page offers and that take shelter of way updated in the webpage of the company, www.virtualhostingdigital.com the services of lodging submissive the conditions of this contract offer a lodging shared in the servers engaged by the proprietor of the lodging page, that is to say, several websites of different clients are lodged in a same servant.

A.5
Resources and Applications: one is about the technical characteristics and computer science programmings facilitated and supported by the different services/lodging plans that the client contracts.

A.6
Servers: computer science equipment contracted by the proprietor of the lodging page where the data and the information are stored or lodged that the client develops in the services/plans of lodging offered by the proprietor of the lodging page.

A.7
Control Panel: One is a tool that the proprietor of the page of lodging that is sold with each one of the services/plans of lodging for the management on the part of the client of the resources and applications uses which he has the contracted service, as well as to even activate other additional services whose prices determine of way updated in www.virtualhostingdigital.com in those services/lodging plans that allow it. If anyone of the mentioned actions is executed previously, through extranet of client, it will be reflected this action in the system of management of the page of professional lodging www.virtualhostingdigital.com. , so that each order brings about necessary the technical and administrative activities for the required development of combat operations.

A.8
Login and password: systems that allow the authentication of the client for the access to the Control Panel, to extranet of client 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 of the client is safe, trustworthy and truthful whenever it comes from the clients. The page of professional lodging www.virtualhostingdigital.com uses as these systems to identify, to authenticate and to verify the person of the client.


          B) OBJECT


The present contract intends regular the conditions in which the client accedes to the services/lodging plans that the proprietor of the lodging page has developed, as well as to determine the conditions and form of remuneration of the client to the proprietor of the lodging page. Other benefits, services, applications or options can be offered by the proprietor of the lodging page to the client through other contracts or in commercial official notices as well as by the arranged thing in the Web www.virtualhostingdigital.com.


          C) SERVICES OF SHARED LODGING


C.1 the conditions picked up in this contract will be of application to all the services and/or plans of lodging, registry of domains for all the plans expressed in the website of VirtualHostingDigital.
Also, this contract will be of application to all service/lodging plan that can be created in the future during the use of this contract whenever it reunites the characteristics of lodging shared in servers engaged by the proprietor of the lodging page.

C.2
The technical characteristics of each of these services/plans as well as the price to satisfy by the same come, at every moment, clearly determined in the page of the services/plans established in the page of professional lodging www.virtualhostingdigital.com. The resources and applications which lodging plan has each service/will be those that at every moment is published in the Web, www.virtualhostingdigital.com.

C.3
The modifications undergone in each service will be in force by the arranged thing in this contract in clause 15. In any case it will be understood notified any change, that it affects to the services/lodging plans or that affects to the arranged thing in this contract, with the publication of these changes in the Web www.virtualhostingdigital.com

C.4
The operation of each service/lodging plan necessarily supposes to have the ownership of a name of domain of first generic level (gTLD) or territorial ccTLD. The registry of the domain names can be realised through the page of professional lodging www.virtualhostingdigital.com or through any other means or supplier. The domain names whose registry is asked for through the page of professional lodging www.virtualhostingdigital.com will always register to name of the client or name of the person or organization to which the client wants to attribute the ownership to him. The costs by the registry of domain names will be the fixed ones to www.virtualhostingdigital.com at every moment and for each type of domain name. As far as the regulation, rights and resulting obligations of the registry of domain names, if outside the proprietor of the page of professional lodging www.virtualhostingdigital.com the one in charge of the registry or transfer, will be to the arranged thing in the contract that the service of registry implies and that it facilitates itself at the time of the registry.

C.5
The services/lodging plans object of this contract are compounds, among others resources by a denominated tool Control Panel for each service/plan, from which the client can manage and administer to the resources and own applications of the servant/plan to which she makes reference.


          D) CHANGE OF PLANS


D.1 the client whom it has contracted to a service/plan of lodging with the proprietor of the page of professional lodging www.virtualhostingdigital.com can change to another service/lodging plan of the page of professional lodging www.virtualhostingdigital.com or is of characteristics, resources and applications superiors to the service/plan of which or arranges or inferiors.

D.2
The change will be realised from extranet of client.

D.3
If the change is realised to a plan superior in characteristics, resources and applications a credit by the phelp and not consumed sum will be generated that will be phelp to him in the following invoice that emits the client.

D.4
If the change is realised to a plan inferior in characteristics, resources and applications will not have right to any return, to understand that it has cancelled the service initially contracted prior to his completion unless this change took place during the period of guarantee to which the E.12 clause makes reference of this contract.


          E) PRICE OF THE SERVICIOS/PLANES AND FORM OF PAYMENT


E.1 the discharge in the services/plans of lodging of the page of professional lodging www.virtualhostingdigital.com and the access to the Control Panel corresponding to the contracted service is gratuitous.

E.2
By the disposition of the service/lodging plan that gives to origin to this contract the client will have to in advance pay to the proprietor of the page of professional lodging www.virtualhostingdigital.com the price corresponding to each service/plan of lodging determined in www.virtualhostingdigital.com. In any case the client, who appears as so in the card, is responsible for the payment of invoices even though a third party takes part in the name of the client, reason why the responsibility when facilitating the data of authentication to a third party is only and exclusively of the client.

E.3
The amounts mentioned in www.virtualhostingdigital.com are subject to the taxes that correspond to them.

E.4
If the client exceeded in the use the resources and applications including in the services/standard plans of lodging, she will realise the payment of the resources and applications surpassed or asked for according to the effective prices in every moment, under the section €œExtra/Additions€? and published in the URL www.virtualhostingdigital.com on these resources and applications, in all those services/lodging plans that allow the extension of these resources and applications. If he surpasses the transference of the services/plans of lodging including in the service/plan of contracted standard lodging the client will pay the amount exceeded according to the tariffs by sections settled down in the same direction URL. The client will have to control the volume transferred through the statistics to which she can accede from the Control Panel.

E.5
The client who needs to jointly realise a registry of name of domain to discharge of a service/lodging plan will have to register it in the form of orders of the page of professional lodging www.virtualhostingdigital.com or to register it by his account. If the client already had registered a domain name, but she is lodged in the servers of another supplier, will have to realise a transfer of the same to the servers engaged by the proprietor of the page of professional lodging www.virtualhostingdigital.com.

E.6
Form of payment: The payment of the services/lodging plans is monthly, quarterly or annual, to election of the client in the hiring form, although the monthly value is the published one in the Web, www.virtualhostingdigital.com.

E.7
The payment is realised in advance through credit card (Visa, Master Card), transference, banking or paypal entrance. The processing of the payment will be realised by means of a company other people's to the proprietor of the page of professional lodging www.virtualhostingdigital.com; call MINT (http://www.ceca.es). The proprietor of the page of professional lodging www.virtualhostingdigital.com does not take responsibility of possible the error/failures/incidences that can arise to the client when realising the payment to him by means of the MINT terminal.

E.8
The proprietor of the page of professional lodging www.virtualhostingdigital.com will not by email issue invoices ordinary to his clients, to be this a €˜virtual service€™; he will only issue a file of invoices online to informative way corresponding in detail to the contracted service. The client will have as supporting purchase/hiring, the defense emitted by his bank when realising the banking transference to the proprietor of the page of professional lodging www.virtualhostingdigital.com or the position in his card on the part of MINT with the number of operation, in the case of realising the payment with credit card.

E.9
By each banking return that takes place by causes imputable to the client, the proprietor of the page of professional lodging www.virtualhostingdigital.com will acquire an additional tariff of 6 Euros.

E.10
The proprietor of the page of professional lodging www.virtualhostingdigital.com 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 7 days as of the date of payment pass and the payment does not take place, the services would become disconnected and be in off - line. If passed 14 days the payment by anyone of the causes had not been received, the domain would erase its content not including a yet the proprietor of the page of professional lodging www.virtualhostingdigital.com in no responsibility by the loss of data.
If the client did not come to his payment after the previous previous warning will inflict losses definitive his service by breach of the contract on the other hand.

E.11
The quantity of the prices stipulated in the Web www.virtualhostingdigital.com could be object of revision on the part of the proprietor of the page of professional lodging www.virtualhostingdigital.com. Notwithstanding the arranged thing in clause 15 of this contract to the changes in the stipulated prices one will be to the arranged thing in the paragraph that next takes shelter. If the proprietor of the page of professional lodging www.virtualhostingdigital.com carried out a change in the prices of the services/lodging plans, such modification will be notified to the clients before they are affected by the variation in the following invoice that is emitted to them, so that if did not agree in accepting this change exercises the right to solve the present contract without needing paying to additional amount some to the proprietor of the page of professional lodging www.virtualhostingdigital.com while it maintains his phelp quota. When finalizing the term of payment in advance (monthly, quarterly, or annual) will be resolute the contract and, therefore, it will inflict losses his service if nonacceptance of the new price stayed in his.

E.12
The proprietor of the page of professional lodging www.virtualhostingdigital.com reserves the right to demand the deposit of a guarantee to the client whose transference of the lodged website surpasses the Gbytes/month awarded to the service/plan of contracted lodging. The quantity of the guarantee will consist of an amount equivalent to the transference picked up in the last month. However, the quantity of the guarantee will be reviewed monthly. To election of the proprietor of the page of professional lodging www.virtualhostingdigital.com the guarantee to which previous section talks about will return to the client at the moment at which the benefit of the service or by means of a compensation in the amount of the last invoice finalizes. Regardless of the previous thing, the proprietor of the page of professional lodging www.virtualhostingdigital.com will be able to demand the previous deposit of a guarantee to the client who uses the website, essentially, for the unloading of archives. The quantity of this guarantee will consist of an amount equivalent to the transference that the proprietor of the page of professional lodging www.virtualhostingdigital.com considers that this website will be able to reach monthly.


          F) ENTRANCE IN FORCE, DURATION AND PROROGATION


The present contract will in force enter the same day of its formalization, that is to say in the moment that the client accedes to the use of his service/plan of lodging and next to the indications of access to the service/lodging plan, as well as login and password, receiving, in addition, justification in writing via e-mail of this contract. The contract will last monthly, quarterly or annual, following the election in terms of invoicing chosen by the client in the hiring form, from the formalization of the contract. Notwithstanding the duration established in the previous clause, the contract will be prorogued tacitly with the payment of the following invoice, and it will not occur by finalized while the client does not declare by e-mail, with a minimum advance of 15 days and with the indications of authentication demanded by the proprietor of the page of professional lodging www.virtualhostingdigital.com, the loss of the same.


          G) OBLIGATIONS AND RESPONSIBILITIES OF THE VHD PROPRIETOR


G.1 In its relations with the client, the proprietor of the page of professional lodging www.virtualhostingdigital.com will have to act with the diligence due in the use of its commercial activity, loyally and of good faith. The proprietor of the page of professional lodging www.virtualhostingdigital.com commits himself to optimally offer with all the means to his reach the services, striving so that the lodging of the services/plans offered by the proprietor of the page of professional lodging www.virtualhostingdigital.com can be developed during 24 hours to the day, 7 days to the week of the possible safest way with the exception of the incidences that take place outside the control of the proprietor of the page of professional lodging www.virtualhostingdigital.com. In addition, in this sense the proprietor of the page of professional lodging www.virtualhostingdigital.com reserves the right to interrupt the service contracted based on technical repairs and maintenance of the equipment, as well as for the improvement of the own services. The proprietor of the page of professional lodging www.virtualhostingdigital.com is not responsible what he is to him exclusively imputable to the client.

G.2
The proprietor of the page of professional lodging www.virtualhostingdigital.com cannot guarantee that the availability of the services/lodging plans is continuous and uninterrupted during the period of use of the contract, due to the possibility of problems in the Internet network, failures in the equipment servers and other possible unforseeable contingencies. The client accepts to support within the reasonable limits risks and imperfections or nonavailability of the servers, so that the used programs are technically complex and can that have not been made a will previously on all the possibilities that exist of use.

G.3
Also, when sharing the services/lodging plans a same machine with other services/lodging plans, can take place technical problems imputable to third parties, and of which the proprietor of the page of professional lodging www.virtualhostingdigital.com does not take responsibility.

G.4
Therefore, the client specifically resigns to demand any responsibility, contractual or extra-contractual, damages to the proprietor of the page of professional lodging www.virtualhostingdigital.com by possible failures, slowness or errors in the access and use of the contracted service.
Despite the previous thing, if the proprietor of the page of professional lodging www.virtualhostingdigital.com failed to fulfill the commitments assumed in this contract to serve inefficient during a continued period of 24 hours or more, the responsibility of the proprietor of the page of professional lodging www.virtualhostingdigital.com will limit the return of the money acquired by the service/lodging plan during this outage, if therefore the client in a maximum period of 7 working days asked for it since it happened this incidence Consults our political €œGuarantee of 99.99% time on watch€? to know all the details.

G.5
The services/lodging plans are services of lodging shared with other services of equal nature and resources. For this reason, the proprietor of the page of professional lodging www.virtualhostingdigital.com reserves the right to suspend, total or partially, the fulfillment of the contract (not to serve) in case he warns, he detects and/or he verifies in its workings of maintenance an excessive consumption of memory, CPU or any other alteration that slows down the servant in whom it is located, in such a way that it harms or it 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, the proprietor of the page of professional lodging www.virtualhostingdigital.com 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 bad faith or from continued way, some will be come to a loss of the service without right to return of amount, to consider a use abusive of the service/lodging plan.

G.6
Although the proprietor of the page of professional lodging www.virtualhostingdigital.com realises backup copies of the contents of the services/lodging plans, the proprietor of the page of professional lodging www.virtualhostingdigital.com does not take responsibility of the loss or the accidental erasure of the data. In the same way, the proprietor of the page of professional lodging www.virtualhostingdigital.com does not guarantee the total or partial replacement of these data because in the time passed between the last copy and the erasure, the data have been able to change. By the all this client he is forced to realise his own backup copies or backups from his own Control Panel that facilitates with the services/lodging plans to him.

G.7
In no case the proprietor of the page of professional lodging www.virtualhostingdigital.com accepts responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the services/lodging plans not to fulfill these with the expectations of the client.

G.8
The access and use of the services/lodging plans are exclusive responsibility of the client, in such a way that the proprietor of the page of professional lodging www.virtualhostingdigital.com does not become person in charge of any way (neither direct nor subsidiary) of any direct or indirect damage, that the client could cause to third parties.

G.9
The proprietor of the page of professional lodging www.virtualhostingdigital.com exonerates himself of all responsibility by the consequences that the lack of operativity of the direction e-mail 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 this data. He is vitally important that the client has updated and operative to the 100% his direction e-mail; he will be able to update this data through his own Control Panel that facilitates with the services/lodging plans to him.

G.10
The proprietor of the page of professional lodging www.virtualhostingdigital.com
one does not take responsibility:
- Of the content lodged in the space attributed to the client by the service/lodging plan.
- 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 the service of the client although the proprietor of the page of professional lodging www.virtualhostingdigital.com it has established reasonable measures of protection.
- Of the defective configuration on the part of the client.
- Of the deteriorations of the equipment (terminal of the client) or badly use (responsibility of the client).


          H) OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT


H.1 the client must fulfill all the terms and conditions of this contract in the exercise of its professional activity, in addition it will have to act loyally and of good faith.

H.2
The client must satisfy the agreed remuneration, as she takes shelter in clause 5 of this contract.

H.3
Conditions of use of the service:
- The use that is opposite to the International laws and from the Spanish laws or that infringes the rights of third parties.
- The publication or the transmission of any content that, according to the proprietor of the page of professional lodging www.virtualhostingdigital.com, is violent, obscene, abusive, illegal, racial, slanderous xenophobe or.
- The lodging of websites for adults of any type is not allowed.
- The use for any subject related to the child pornography or violent facts is prohibited.
- The proprietor of the page of professional lodging www.virtualhostingdigital.com does not become person in charge of cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties.
- The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data.
- The use of the servant of mail of the domain and the email addresses 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).

H.4
By means of the hiring of this service, the client commits a:
- To keep by its account a backup copy from the archives from the services/lodging plans with the purpose of to replace them if it were necessary.
- To watch the size of the transference with the purpose of to take the necessary actions if it considers that its increase is excessive. For such aim, the client daily has the statistical calls €œof consumption€? in the system of up-to-date WebStat statistics, in which it appears the information on the volume of every day and the accumulated ones in the month. Also he will be able to have these data under the left column of the Control Panel.
- The client commits himself to maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with the proprietor of the page of professional lodging www.virtualhostingdigital.com, since she constitutes preferred mass media of the proprietor of the page of professional lodging www.virtualhostingdigital.com 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 us. If he changed to the direction e-mail facilitated in the hiring form the client commits himself to communicate the change to the proprietor of the page of professional lodging www.virtualhostingdigital.com in the maximum term of 5 days so that the communication between both contracting parts is not interrupted. The proprietor of the page of professional lodging www.virtualhostingdigital.com exonerates himself of all responsibility by the consequences that the lack of operativity of the direction e-mail 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 this data. He is vitally important that the client has updated and operative his direction e-mail; he will be able to update this data through System of Invoicing.

H.5
The client recognizes to have made a will the product with his needs and that they have informed to him on the part of the proprietor of the page of professional lodging www.virtualhostingdigital.com suitably.

H.6
The client is the only person in charge of the use and conservation of login and password of the Control Panel and the system of invoicing since they are the necessary identifiers for the access to the Control Panel of the service/plan of contracted lodging and to extranet of client and who allow to resist to the proprietor of the page of professional lodging www.virtualhostingdigital.com the authentication of the access and to facilitate the permission to the activities that are asked for from these tools. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the client.

H.7
The client has the total responsibility of the content of his Web, of the information transmitted and stored of his operations, of the connections of hypertext, the vindications of third parties and the legal actions that can trigger in all the reference 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 the rules that they have to do with the operation of the service online, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.

H.8
The client will compensate to the proprietor of the page of professional lodging www.virtualhostingdigital.com by the expenses that this one had to impute to him in some cause whose responsibility was attributable to the client, including honoraria and expenses of the lawyers of the proprietor of the page of professional lodging www.virtualhostingdigital.com, even in the case of nondefinitive judicial decision.

H.9
It is prohibited the client to accede, to modify, to visualize the configuration, structures and files of the servers of the proprietor of the page of professional lodging www.virtualhostingdigital.com. Any problem that could be produced in the servers and security systems contracted by the proprietor of the consequently direct page of professional lodging www.virtualhostingdigital.com of a negligent action of the client, this one will be responsible for the civil and penal responsibility that could correspond to him.

H.10
Due to the shared lodging of the services/lodging plans the client must develop and administer to his service/lodging plan respecting the technical standards ready by the proprietor of the page of professional lodging www.virtualhostingdigital.com in his Web, www.virtualhostingdigital.com. Of such form that if the proprietor of the page of professional lodging www.virtualhostingdigital.com notices, detects and/or verifies in his workings of maintenance use abusive of service by consumption excessive of memory, of CPU or any other alteration that slows down servant in that finds located, in such a way that it harms or it entails a reduction in the benefit of the service or the rights of the clients or third parties that with the client shares the servant, reserves the right to suspend, total or partially, the service. To this end, the proprietor of the page of professional lodging www.virtualhostingdigital.com 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 bad faith or from continued way, it will come itself to a total suspension of the service without right to return of amount some.


          I) GREATER FORCE


No of the parts will be responsible by the breach for the obligations derived from the contract and therefore it will not have right to indemnification when this breach is due to causes of Greater Force. If suspension by this circumstance is superior to 1 month this contract will be able to be cancelled at the request of anyone of the parts.


          J) COMPLETION


J.1 the contract will finalize when, in addition to the causes legally established and the arranged ones in the different clauses from this contract, some of the following concurs:
a) Mutual Agreement of the parts.
b) Conclusion of the initial period of duration or the successive prorogations.
c) Resolution by breach of some of the parts of the obligations derived from the Contract.
d) To surpass the 15 days from the date of expiration indicated in the Intranet of clients.
e) When anyone of the parts is in situation of bankruptcy or suspension of payments.

J.2
If the breach of the client were cause of the resolution of the contract, as 10.1.c settles down in the clause, the proprietor of the page of professional lodging www.virtualhostingdigital.com reserves the right to finish of anticipated form the present contract and, therefore, to strip to the client of the service/plan of lodging contracted without previous warning and without the client has right to indemnification nor to return of amount some.

J.3
In case of resolution or rescission of the contract, by the causes previously mentioned or any admitted others in right, the client will have to fulfill the obligations assumed prior to the resolution of the contract in front of the proprietor of the page of professional lodging www.virtualhostingdigital.com and against third parties.


          K) INTELLECTUAL PROPERTY


The proprietor of the page of professional lodging www.virtualhostingdigital.com is holder of all the rights of author, brands, rights of intellectual property, know-how and whichever other rights bear relation to the service/plan of contracted lodging, as well as of the necessary programs and/or software for their implementation and the information that this one obtains on the same. The client must respect the programs of use by third parties made his available by the proprietor of the page of professional lodging www.virtualhostingdigital.com although they would be gratuitous. The client, by virtue of the present contract, does not acquire absolutely any right or licenses with regard to the service/plan of lodging, the necessary programs or software for the benefit of the service nor either on the technical information of pursuit of the service, exception done of the rights and necessary licenses for the fulfillment of the present contract and only for the duration of the same. For all action that exceeds the fulfillment of this contract he will need authorization in writing on the part of the proprietor the page of professional lodging www.virtualhostingdigital.com.


          L) CONFIDENTIALITY


All information or documentation that anyone of the parts contributes to the other developing and execution of the present contract will be considered confidential and exclusive of that contributes it and it will not be able to communicate.


WARNING


The use terms can change without previous warning, for detailed information and updated it contacts with our equipment of attention the client.


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