Legal conditions


General conditions of Access and Use of the website

By means of this document the General Conditions of Access and Use of the website settle down databasemagic.net (in future, General Conditions), property of INFORTELECOM HOSTING LIMITED LIABILITY COMPANY (in future Infortelecom), with CIF B-97193114 and head office in Ronda de Narciso Monturiol and 17 Estarriol B, 1-1, Building AS Center III Paternal Technological Park 46980, Valencia, registered in the Mercantile Registry of Valencia, volume 7182, book 4485, folio 78, Nºmero.V-83529 leaf. The access and/or use of the website of Infortelecom on the part of the users are conditional to the previous reading and complete acceptance, expresses and without reserves of the present effective Conditions at the time of the access. If the user were not in agreement with the present Conditions, he will have to abstain to use this portal and to operate by means of the same. The user is totally conscious that the mere navigation hereby webpage, as well as the use of its services, implies the acceptance of the present Conditions.

  1. Information and contractual documentation. Acceptance of the contracting part

    The present General Conditions as well as the General Conditions of Hiring of the different services that put at the disposal of the user in the website databasemagic.net expose with permanent character in the website databasemagic.net (in future, €œWebsite€), being able all the users to file them, to print them and, therefore, to be previously informed into the conditions of access and use of the site, and the conditions of hiring under which the different services will be lent.

    The users when registering itself through form qualified in the Website, accept of form it express - by means of a click of €œacceptable Leo and the Conditions€ - before sending the General data, these Conditions and the Policy of Privacy of databasemagic.net. The user declares to be adult, to have capacity sufficient to contract and to have read, to have understood and to have accepted the present Conditions.

    As far as the hiring of services on the part of the users, at the time of taking place the same and in a term superior to the twenty-four Infortelecom hours does not send to the email address, who the contracting user has specified in the form of registry of user as main route of contact, leaf of order or invoices justificatory with description of the contracted service, cost - with removal of taxes if application and period by which were from contract. The shipment of the justificatory invoice implies the confirmation has taken place the effective hiring. Also, the Contractor will as much continue arranging with permanent character in his private area of the present General Conditions as as of all the General Conditions of Hiring of the different services, as well as the detail of the concrete services that he has contracted and the period of use of the same along with the accrediting invoices of the payment. Any later modification of the present General Conditions or the General Conditions of Hiring of the services, will be, on the one hand, notified to the Contractor via e-mail fifteen days ahead and, on the other, exposed clearly in the Website. All the indicated documentation previously can be printed and be filed by the contracting person, who can at any time ask for it to the Service of Attention to the Client by means of the remission of the corresponding e-mail to calidad@Infortelecom.es or by telephone in number 91 082 00 73.

    It is not technically possible that a user can finalize a hiring request without the acceptance of the present General Conditions has taken place. So that the user can carry out this acceptance and, therefore, to realise the request, must be registered previously as user in Infortelecom, covering for it a form with initial datas whose shipment will imply the concession of a key of user and a password to accede to the exclusive area of the Contractor, and the acceptance of the present Conditions. The user when accepting these Conditions gives his express consent and without reserves so that Infortelecom conducts the necessary operations of collection for the acquisition of the services that contract. Therefore, the user specifically gives his consent authorizing to Infortelecom to realise the collections in the payment methods that the same introduces from a safe area and, therefore, the operations that Infortelecom realises or domiciling in the checking account of the Contractor, or realising a position in his card or any other method of payment introduced by the Contractor, they consider themselves authorized for the purposes of the normative one on services of payment.

    Any request of information, or claim that is considered pertinent, will be able to consider to the Service of Attention to the Client in the signs identified in this clause. The Service will confirm receipt of the complaint made by means of the remission of the pertinent voucher €“ with the corresponding identifying key to the email address who will have to be provided to the Service of Attention to the Client to transact the claim. After receiving a request or claim by anyone of means indicated in the previous paragraph, Infortelecom will analyze the case raised by the user and it will as soon as possible provide an answer to him, that in any case will not surpass the fifteen (15) natural days counted as of the next day to the one to receive Infortelecom the request or claim.

  2. Object

    The website of ABServer has been realised to serve professional of Internet and to facilitate therefore the access on the part of the users to all the information on the characteristics of the same, the own Infortelecom organization and other complementary information that Infortelecom includes directly or through the corresponding connections. From the website of ABServer the users will be able to contract and to manage the services that are offered.

  3. Conditions of Access and Use

    The use of the website databasemagic.net does not entail the obligatory nature of the inscription or registry of the user. This inscription will only be necessary to contract services, by means of the introduction of certain data in a form of user registry where the present General Conditions are reiterated - for seeing clause 1. The conditions of access and use of the website of DatabaseMagic strictly are in force by the effective legality and the principle of good faith committing itself the user to realise a good use of the website. They are prohibited all the acts that harm the legality, rights or interests of third parties, right to the privacy and the honor, protection of data, intellectual property and really any action that can constitute an illicit conduct. Specifically and without restrictive character, Infortelecom prohibits:

    To conduct battles that can produce in the website, or through same by any means, any type of damage to the systems of Infortelecom or third parties. To realise without the due authorization any type of publicity or commercial information or form directly concealed, the shipment of massive post office not asked for (€œSpamming€) or shipment of great messages with the purpose of to block servers of the network (€œmail bombing€). Infortelecom receives from different impartial organizations who fight against the use of this type of practical notifications when a user or contracting person of Infortelecom massively sends mail nonwished. In case Infortelecom receives these notifications will inform it to the user so that, with immediate character cease with these bad practices. Infortelecom will not enter to value if the directions of which the contracting person has sent mail nonasked for were obtained with the consent of their holder but it acts as long as an organization dedicated to the fight against these activities therefore notifies it - these organizations receive the complaints of the people who receive post office nonasked for and therefore if the contracting person does not leave the use of these Infortelecom practices will cancel of immediate form the service and will solve the present contract reserving itself the exercise of whichever legal actions are opportune to defend its interests.

    To use designed programs with the purpose of to cause to problems or attacks in the network. To try to on approval put the security of the servers realising any type of entrance or action who is not strictly necessary for the benefit of the service on the part of the user.

    Infortelecom will be able at any time to interrupt the access to its website if it detects a use in opposition to the legality, the good faith or to the present general Conditions to see clause 7.

  4. Contents

    The contents incorporated in the website of Infortelecom have been elaborated and including by:

    The own Infortelecom organization using internal and external sources, in such a way that Infortelecom is only made person in charge by the elaborated contents of internal form.

    The users, through collaborations or voluntary introduction of contents, being these the only people in charge of the same and being specifically exempt Infortelecom of all responsibility that can be derived from the same. Legal natural people and other people's to Infortelecom, either through collaborations that are inserted directly in the website, or through connections or links, being these the only people in charge of the contents thus introduced and being specifically exempt Infortelecom of all responsibility in the terms that specific the Spanish legislation.

    In addition, through website of Infortelecom products and services of Infortelecom as of third parties destined to being commercialized are put as much at the disposal of the user and that they will be subject to the General and particular Conditions of each one of the same.

    Infortelecom does not guarantee the veracity, exactitude or the present time of the contents regarding the services offered by other people's third parties and is specifically exempt of all type of responsibility by the damages that can be derived from the lack or errors in the characteristics of the services that can offer these third parties.

    The user who wishes to settle down a hyperlink in his website to the website of Infortelecom will not realise an illegal use or in opposition to the good faith of the information, services or products made available in the referred website. Concretely the user who introduces a hyperlink or link commits a: Not to anyway destroy, to damage or to alter to the contents, services or products put at the disposal of the user in the website of ABServer. Not to declare that Infortelecom assumes the supervision of the hyperlink or the contents of the own Web of the user who introduces a connection to the website of ABServer in his own website. Infortelecom will not be responsible in any case for the contents or services of the Web of the user where a hyperlink is included or connects to the website of Infortelecom.

    Not to include in its own website the brand, commercial name or any distinguishing sign pertaining to Infortelecom without the previous authorization of the organization.

    The existence of hyperlinks in other people's webpages that allow the access to the portal of ABServer will not imply in any case the existence of mercantile trade relations or with el/la of titling of the webpage where the hyperlink settles down, nor the acceptance on the part of Infortelecom of its contents or services.

  5. Protection of Personal Data

    The regime of protection of data applicable to the data treated by Infortelecom Hosting LIMITED LIABILITY COMPANY is regulated in the Policy of Privacy and the General Conditions of Hiring of in question Service. The access and/or use of the website on the part of the users of the website databasemagic.net (in future, the users) necessarily implies the acceptance of these legal texts, allowing the treatment of the data in the terms described in both texts.

    Infortelecom deals with the data allowed, loyal form and is transparent. It only treats those data that are adapted, pertinent and limited the necessary thing in relation to the determined, explicit and legitimate aims for which it obtains them, and it does not deal them for incompatible aims with those.

    The users are responsible for the veracity and the present time of the data that they provide to Infortelecom, considering themselves exact and present the data facilitated by they themselves. Infortelecom informs into which as much the personal character data facilitated by the users when registering itself as whom they provide to contract anyone of the services offered in databasemagic.net or to solve any incidence that communicates by anyone of means of contact available (telephone, chat or e-mail), will be gotten up to the systems of Infortelecom and will be treated about conformity, and during the terms, defined in the Policy of Privacy and the General Conditions of Hiring of the service.

    In order to accede and/or to sail by the website of databasemagic.net it is not necessary to contribute any data. The obligatory character of the answer to the questions that consider, or of the data that are asked for through website, indicates by means of the incorporation of an asterisk (*) after the question or field of the form. In case of not providing the required data it will not be possible to serve asked for or functionality.

    The users must abstain to provide personal character data of interested others, unless they have the pertinent authorization, according to which shelp interested previous and they will have been properly informed on the content of the present Policy of Privacy and, in particular, that allow that their data are facilitated to Infortelecom to be treated according to the purposes that correspond. In any case, Infortelecom will cancel the registered data as soon as they have stopped being necessary or pertinent for the purpose for which they successfully obtained themselves, being able to conserve them €“ properly blocked during the time in which some type of responsibility derived from a relation or legal obligation or the execution of a contract or the application of precontractual measures asked for by the interested one can demand itself.

    Infortelecom does not yield data to third parties, unless a Law or a communitarian norm prepares the opposite, or if it is necessary for the benefit of the contracted service. In such case, it only communicates those data essential to manage the request of the users and to serve contracted, so that the cession responds the free one and legitimate acceptance of an existing legal relation between interested and the Infortelecom, whose development, fulfillment and control necessarily implies the connection of the data and that includes the necessary transmission of the same. In case a user leaves a commentary or interacts socially with the website of databasemagic.net or in the social networks in which this is present, it must have present that their data will be published in the surroundings in which it acts, that is to say, it will be authorizing specifically the communication of his data - associated to the action that realises to the rest of users who accede to the website or social network.

    The interested ones can exercise their rights, and if so revoke the consent given for the treatment of their data, in the terms described in the Policy of Privacy. In order to know our policy installation and management of data retrieval and storage devices in terminal equipment it consults our Policy of Cookies. The conditions of access and data processing on the part of Infortelecom as in charge of the treatment are regulated in the General Conditions of Hiring of the corresponding services.

  6. Responsibility d Infortelecom

    Infortelecom will not be responsible for the errors, delays in the access, delays in the system or any anomaly that can arise in relation to problems of general character in the Internet network, causes of act of God or greater force or any other unforseeable contingency and therefore totally other people's to the good faith of the company. Infortelecom is committed to try to solve these incidences putting all the means to its reach and offering all the support necessary to the user to resolve the incidences of possible the fastest and satisfactory form. Also Infortelecom will not be responsible for the failures that by these causes can be produced in the communications, erasure or incomplete transitions so that it does not guarantee that the website is at any moment operative when it is due to questions nonimputable to Infortelecom or that this one cannot solve with the means that are to their reach. The user exempts of all responsibility to Infortelecom if some of these causes begins to take place.

    Infortelecom will not be responsible in any case by the errors or damages produced by the inefficient use and of bad faith for the website on the part of the user. It will not be responsible Infortelecom either for the consequences majors or minors by the lack of communication between Infortelecom and the contracting person when he is imputable to the nonoperation of the facilitated e-mail or to the falsification of the data provided by the contracting person in his registry of user in databasemagic.net.

    Infortelecom assumes the responsibilities that can be derived from the benefit of the services that offers in the limits and as specific in the different General Conditions of Hiring of the services that are put at the disposal of the user.

  7. Responsibility of the user

    The access to our website is realised under the own and exclusive responsibility of the user, who will respond in any case of the damages that can cause to third parties or to Infortelecom. The user assumes all the responsibility derived from the use of the Website, being the only person in charge of all direct influence or indirect that on the webpage is derived, including, of declarative and nonlimiting form, all economic, technical and/or legal result adverse, as well as the fraud of the expectations generated by the Website, commiting himself the user to maintain undamaged to Infortelecom by any derived claims, directly or indirectly of such facts.

    The breach of the present Conditions, as well as the development of any illicit or opposite activity to the Conditions of Hiring of Infortelecom, will be able to imply the loss of the condition of user and, therefore, the access to the Control Panel. In case of losing the condition of user, Infortelecom will communicate this fact to the affected user in order that it comes to the migration or transfer from active services to other suppliers within the term that will be indicated to the effect. Passed this term it will be come to terminate the services affected in the terms described in the General Conditions of Hiring of the corresponding service.

    1. Good use of the service

      The user is forced to make a good use of the service and therefore not to use it of bad faith for any practice that is prohibited by the law or rejected by the mercantile uses. Infortelecom is authorized by means of the present General Conditions, as of the moment at which it generally has convincing knowledge of the accomplishment on the part of the user of any action or illegal use, to inform of the competent authorities these circumstances and to terminate to the user or to restrict the access to him to the website or the Services of Infortelecom. The user will be the only person in charge against any claim or legal action legal, or extrajudicial initiate by third parties harmed directly by the user before Courts or other organisms, assuming this one all the expenses, costs and indemnifications that, where appropriate, can assume Infortelecom if the claim is directed against this. Also, Infortelecom will collaborate and notify to the competent authority these incidences at the moment at which it has convincing knowledge of which the caused damages constitute any type of illicit activity, especially in the scope of contents introduced by the user which they can harm rights or I interest legitimate of Infortelecom or third parties.

    2. Convincing knowledge

      Infortelecom, in case of to receive some type of official notice on the part of third party on supposed illegality of some content or activity carried out by user of services of Infortelecom, and as long as this communication is received so that the communicating one is identified correctly, will come to put it in knowledge of the user and, in case the activity is manifestly illicit, it will come to block the service at issue. So that this activity is manifestly illicit this illegality must be unequivocal for whatever it accedes to those contents. Right tactical missions as of author or insults and Infortelecom calumnies it cannot enter to dissolve if the user not right must or to show those contents or if the same are constituent of insults or calumnies being only the competent authority that can indicate that illegality convincingly and, therefore, to order the cease of the service.

    3. Guard and safekeeping of access keys

      The user will be responsible for the security and confidentiality of all the keys with which he accedes to his private area --that they are granted to him when usuary registering itself as to realise the hiring of the different services having to keep them in safe place with the purpose of to prevent the nonauthorized access to third parties.

    4. Diligence due

      The user takes responsibility to realise all the activities that are required to him with the diligence due. With special character, the user must be diligent concerning the update and veracity of his data, essentially of the e-mail indicated in the form of registry of user as main route of contact with Infortelecom - to see clause 8.

  8. Communications

    Infortelecom and the user decide to communicate and to notify all the incidences that take place throughout the use of the different services that can have contracted, and preferably previous from any other communication channel, by means of e-mail. The mail of Infortelecom for these communications will be calidad@Infortelecom.es and the one of the user will be the facilitated one in the form of registry of user of Infortelecom in databasemagic.net, or its defect the used one to contact with Infortelecom. The user commits himself to have operative east e-mail and to modify it from his private area if it were necessary to continue receiving the communications. In any case, if any urgent problem or failure in the previous communication happened, the communications will be realised by means of telephone, fax, postal mail, mail or any other system adapted to the aim that is persecuted. Nevertheless, the preferred communication channel is the one of the e-mail, being exempt Infortelecom of all type of responsibility that can be derived by the lack from consultation or error in the e-mail facilitated by the user. Each one of the parts will be responsible for the guard and guard of copies of the communications that are realised.

  9. Rights of author and brand

    Infortelecom

    ®it is a trademark. It is prohibited the other people's use by any means of the brand of Infortelecom, that includes so much the name as the logo, except for express consent of Infortelecom. They are reserved all the rights. In addition, the website of Infortelecom €“ including declarative but for a reason or purpose nonlimiting its programming, edition, compilation and other necessary elements for its operation, the designs, logos, text and/or graphs it is property of Infortelecom, or if so it has license or express authorization on the part of the titular authors/to use the contents that show. All the contents of the website totally are prot©g© by the rights of author, being specifically prohibited all reproduction, communication, distribution and transformation of the referred elements protected except for express consent of Infortelecom.

  10. As much graphical materials as written sent by the users through the means that make their available in the website are property of the user who affirms when sending them his legitimate responsibility and yields the rights of reproduction and distribution to Infortelecom.

    Jurisdiction and applicable Law

    The present General Conditions are in force by the Spanish legislation. Specifically they are subject to the arranged thing in the following norms: Law 7/1988 of 13 of April, on General Conditions of Hiring; 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; Statutory law 15/1999 of 13 of December, on Protection of Personal Character data; Law 7/1996, of 15 of January of Arrangement of the Retail Commerce; Law 34/2002, of 11 of Julio, Services of the Society of the Information and Electronic Commerce; Law 16/2009, of 13 of November, services of payment; as well as any other norm that develops them or modifies.

  11. For the resolution of any controversy or conflict that is derived from the present General Conditions will be competent the Courts and Courts of Valencia, resigning specifically the contracting person to any other charter that could correspond to him.

    Miscellaneous


In case any clause of the present document is declared null, the other clauses will follow effective and they will be interpreted considering the will of the parts and the same purpose of the present conditions. The present contract is only realised in Spanish. Infortelecom will be able not to exercise some of the rights and faculties conferred in this document, which will not imply in any case the resignation to the same, except for express recognition on the part of Infortelecom. The present General Conditions are registered in the Publication and document record department of Conditions of Hiring to grant transparency and security to all the process.

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