Contract of Hosting

Ref: HOSPS_230518

On the one hand Tesys Internet S.L.U. (in future identified with its brand Solutions Thinks) with NIF: B-26309096 and head office in the c Surround n

°16, Industrial estate the Portalada, of Logroño (La Rioja), Spain, Limited liability company Unipersonal constituted in Logroño before notary D. Eloy Menéndez-Santirso Suárez, registered in the Mercantile Registry of La Rioja, volume 477, book 0, folio 76, section 8, Leaf LO-7211.

On the other hand the contractor (in future client), legal natural person or whom the hiring form compliments and declares to know and to accept freely, after inquiring into the service and its operation, the present contract.

Both parts, Think Solutions and client, the terms and conditions established in the following are interested in formalizing the present contract accepting

CLAUSES

1º DEFINITIONS

Contract: it contains the clauses picked up in this document, as well as all additional information that on the particular Plan of contracted Hosting one takes shelter of way updated in the Web http://www.hosting-ehost.com/.

Name of Dominio (ND): set of characters that identifies a site of the Internet network with a direction (IP).

Plans of Hosting: space in the servants of Thinks Solutions where the client administers the own resources of the contracted Plan. The Plans of Hosting submissive the conditions of this contract offer a service of shared lodging.

Servants: computer science equipment offered by Thinks Solutions where the data and the information lodge that the client develops in the Plans of Hosting.

Control Panel: computer science tool that are sold with each Plan of Hosting and that allows the client to manage the resources and applications which it has the contracted Plan, as well as to activate other additional resources, in those Plans of Hosting that allow it.

Area of Cliente (AC): One is a computer science tool that is sold to each client, who allows him to control and to manage the contracted services, the invoicing of the same, as well as to carry out discharges, losses and modifications of the Plans of Hosting, to accede to the Control Panel and to realise consultations, suggestions and claims of authenticated form and so that each action generates a number of ticket that makes possible to the client its identification and to know its state.

Login and password: one is a system of authentication for the access to the Area of Client who guarantees that the access to this tool is safe, trustworthy, truthful and she always comes from the clients.

2º OBJECT

The present contract intends regular the conditions in which the client accedes and uses the Plan of Hosting de Piensa chosen Solutions, as well as for determining the conditions and form of remuneration of the client to Thinks Solutions.

3º PLANS OF HOSTING REGULATED BY THIS CONTRACT

3.1 the conditions picked up in this contract will be of application to the following Plans:

- Mail BASIC

- Plan BASIC

- Premium plan

- Unlimited plan

3.2 the technical characteristics of each one of the plans of hosting, expressed in the previous section, come certain in this contract and in its Annex and they are permanently updated in the webpage of Thinks Solutions.

In this Annex they take shelter, also, the extensions available for each Plan of Hosting.

3.3 Piensa Solutions reserves the right to modify the characteristics and conditions of the Plans of Hosting regulated by this contract. For it will not have to fulfill more formality than the one to publish in his page this modification, informing to the client with a warning online and/or to send it by email electronic.

The client, once is communicated him the corresponding modification, has the term of 7 days to solve the contract if she were not in agreement with the new circumstances, obtaining the return of the payment of the not consumed proportional part. However, passed this term without communication in opposite, he will be understood that he accepts the new conditions and, therefore, the loss before the victory will not give rise to return some, except in cases where the effective legislation anticipates the opposite.

3.4 the operation of the Plan of chosen Hosting requires, generally, to have a ND. The regulation of the ND will be in force by its norm and its corresponding contract.

3.5 the maximum time of availability of the messages stored in the folders “Trash or Papelera? and “Spam? of the mail accounts, will be of 30 days, counted from the moment of its reception in this account, so that Solutions Thinks does not take responsibility of the permanence of these messages once surpassed this term.

3.6 the client, from the AC, will be able to change to another Plan of Hosting among the offered ones by Thinks Solutions, superior or inferior to which had.

3.7 the Plans BASIC, Premium and Unlimited welcomed in this contract are offered under the operating system LINUX.

3.8 Between the resources of the Unlimited Plan the client has the possibility free of activating a Certificate of Security BASIC SSL powered by Symantec from his Control Panel. The client will only be able to have a Certificate of gratuitous Security BASIC SSL by each contracted Unlimited Plan.

For the activation of the Certificate of Security BASIC SSL, the associate domain he must be registered in Thinks Solutions. If the domain is registered in Thinks Solutions, but the DNS associated to the same are not managed by this one, the client will have to create the corresponding entrances in their supplier of DNS being followed the indications facilitated by Thinks Solutions.

The client recognizes and accepts that it will not be possible to have more of an associated Certificate SSL to the same domain. About those cases in which the domain chosen by the client already had associate a Certificate of Seguridad (SSL), among the offered ones by Thinks Solutions, will come to the desinstalación from the present Certificate and to the installation from the new Certificate, being the client the one in charge to safeguard and to transfer the information stored in the same. Despite and in spite of its decontamination, the Certificate will remain register while the client does not come to his loss from S.A., or finalizes its period of validity without to be renewed.

It will be the Organization Certifier who determines the criteria of allocation of the Certificate of Security BASIC SSL, being therefore the concession or not of this Certificate exclusive responsibility for this Organization.

The Certificate of Security BASIC SSL will be activated by defect with the data of Thinks Solutions, that will be in charge of its request, installation and management, while the same remains active.

Once activated by the client and validated by the Organization Certifier, Solutions Thinks will come to the installation of the Certificate. The client will have to consider that, once installed, the Certificate will not be able to be unloaded.

The Certificate of Security BASIC SSL will remain active while the client does not come to his desinstalación from the Control Panel associated to the Plan of Hosting. The client will have to take responsibility of the consequences of any type that could be derived by this desinstalación.

Some by failures produced in the use of the Certificate thinks Solutions will not assume responsibility, in the cases in that the same must to causes exclusively imputable to the client or to the Organization Certifier.

The Certificate of Security BASIC SSL will be renewed automatically by Thinks Solutions, safe in the cases in which the DNS of the domain are not managed by Thinks Solutions, in which case the client will be the one in charge of the renovation from its Control Panel.

3.9 Those resources that are offered to limitless form in the Plans of Hosting, are designed for a rational use of the same and in agreement with the purpose of a Plan of Hosting of these characteristics.

Consequently, Solutions Thinks reserves the right to establish some technical limits to the mentioned resources in the following cases:

The transference will be limitless in any of the Plans of Hosting object of the present Contract, with the only exception of which in the cases in that an excessive consumption of the same is detected (when reaching 250 GB/mes), it will be come to limit the bandwidth to 1MBPS during the remaining time until finalizing the natural month in course. At the beginning of the first next day of the natural month, the volume of transference will begin to enter itself again.

With respect to the ocupable disc space of immediate form, this one will be of 50 GB in the case of the Premium Plan and of 100 GB in the case of the Unlimited Plan. However, in those cases in that the occupation of the space is realised gradually, when reaching a threshold of use of 75% of the space Web available at this moment, this one will free of charge be increased automatic and in 5 scales of GB/diarios until the use returns to be below 75%, being the maximum space total available of 100 GB in the case of the Premium Plan and of 200 GB in the Unlimited Plan. The verification of the use will be realised daily and the increase will at the most take place once to the day.

The number of mail mailboxes will be limitless in the Unlimited Plan, until a total volume of occupation of space of 150GB between all of them is reached, considering that the maximum space of each mailbox will be of 2 GB, although is possible to contract additional extensions of space for the same.

The number of data bases that the client will be able to register in the Unlimited Plan will be limitless until a total volume of occupation of space of 50GB between all of them is reached, considering that the maximum space of each data base will be of 1GB. The connections to the data bases will only be able to take place from IP's own of hosting-ehost.

About those cases in that the mentioned limits are surpassed, Solutions Thinks will come to the temporary suspension of the resource affected until its rectification on the part of the client, in which case, it will be recovered the day after to have produced this.

4º PRICE AND Form of payment

4.1 the discharge in the Plan of contracted Hosting is gratuitous.

4.2 By the availability of the Plan of contracted Hosting, the client will pay to Thinks Solutions the always up-to-date corresponding price that she takes shelter in this contract and its Annex and about www.hosting-ehost.com.

In the Annex he will determine himself, in addition, the price of the extensions available for the Plan of chosen Hosting.

4.3 the regularity of payment of the Plans of Hosting will be quarterly or annual, according to what it has been the election of the client, during the hiring, among the offered ones by Solutions for each Plan of Hosting and collections Thinks about the Annex of this contract.

However, in the case of Mail BASIC, the regularity he will be always annual. The extensions contracted for the Plans of Hosting will have the same regularity (quarterly or annual) that has the Plan of Hosting to which they are associated, except in the case of the Certificates of Seguridad (SSL), which they are annual.

4,4 Form of payment: The payment of the Plans of Hosting will be always in advance at the time of its hiring and will be realised by means of banking transference or credit card.

The renovation of the Plans of Hosting also will be paid in advance, by means of debit in the checking account facilitated by the client (recommended practice) or through credit card.

In the case of the extensions, its form of payment will be by means of banking transference or credit card in his first hiring and its renovation will be realised of automatic form by means of debit (recommended practice) or through credit card.

The data necessary to realise the banking transference are facilitated in the hiring form when this option of payment is chosen, in any case this information will be sent to him by email electronic.

The payment by banking transference takes to an additional position of 2 Euros more IVA for expenses of management. In addition the client will have to send by fax, to number 941 20 26 96, the payment voucher.

As much for new hirings as for the renovation of existing products, the client authorizes specifically to Thinks Solutions to realise the positions of the corresponding amounts, in those cases in which the selected form of payment is debit or credit card, according to the data indicated in the hiring form.

Web Solutions will not initiate the managements regarding the corresponding request while it does not receive the amount of these services through indicated means of payment in each case.

The client, from S.A., will be able at any time to ask for the modification of the form of payment and/or its associate data.

4.5 By each banking return that takes place by causes imputable to the client, Solutions Thinks will acquire an additional tariff of 3 Euros.

4.6 the amounts mentioned throughout this contract, about their Annex and the webpage of Think Solutions do not include the Tax on Valor Añadido (IVA). However, the client will have to pay the IVA that corresponds to the contracted product

4.7 Piensa Solutions reserves the right to suspend the benefit of the service contracted before any incidence undergone in the collection until the resolution of the same. If the client did not come to his payment after the previous warning and of the temporary suspension she inflict losses definitive the service by breach of the contract on the other hand.

The decontamination by non-payment will suppose the elimination of all the data associated to the Plan of Hosting. If the client returns to contract this Plan, she will have to register all the data again.

The lack of payment of the extensions, mentioned in the Annex of this contract, will cause the interruption of the Plan of Hosting to which they go associate.

4.8 Piensa Solutions reserves the right to modify the price of the Plans of Hosting regulated by this contract. In this case, such modification will be notified to the client before it is affected by the variation in the following invoice that is emitted to him, so that if it did not agree in accepting this change exercises the right to solve the present contract causing the loss of the service at the moment that finalizes the period that it had paid.

4.9 the client will be able to realise, through S.A., any consultation or request related to the invoicing and payment of the contracted service, as well as to accede to repositorio of issued invoices, that allows its impression him and unloads.

4.10 In case the client had the consideration of consumer and user according to the effective Spanish norm, he will be able to exert his right of dropping of the claim during the 14 first natural days from the hiring of the service.

For it, the consumer and user will have to send, within 14 days natural counted from the moment of the hiring, a request from the AC where it appears the following information:

- Its clear and unequivocal will to exert its right of dropping of the claim.

- The exact name of the service of which wishes to stop.

- The date in which it contracted this service.

Additionally, the consumer and user will be able to exert his right of dropping of the claim through model of form that incorporates 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. For it, he will have to make it arrive at Thinks Solutions signed properly, accompanied of photocopies of his NIF as means that assure unequivocally that the request comes from the own client.

Web Solutions will assign and send to the client a number of ticket by each request of dropping of the claim that receives. In case the request had been received in the legally established term and would be complimented of complete and correct form, Solutions Thinks will transact terminating it the corresponding service. Also, Solutions Thinks will come to reimburse the client, in the maximum term of 14 days natural since it had received the dropping of the claim request, the price that this one paid when contracting the service. The client will have to consider the exceptions that the effective Spanish legislation in the matter of consumers and users she establishes for the dropping of the claim right.

4.11 the client will have a term of thirty (30) days natural as of the date of high initial of the Plan of Hosting to solve the present contract without incurring penalty nor cost some, will not be applied this term of guarantee to the renovations of the contract.

The guarantee covers the amount with the main service, being excluded other concepts as contracted extensions and/or additional services after the initial hiring.
After the exercise of this right, Solutions Thinks will refund to the client the quantity paid by the benefit of the Plan of Hosting; in no case it will be able to refund to the client the quantity disbursed for registry of the domain name because by the nature of the benefit it is impossible to take it to end, since the domain name will continue being property of the holder whose name is obtained.

This restoration will not take place in those cases in which it is impossible to realise it due to the nature of the service. The client will not either come to integral saying in the assumptions in which had enjoyed the service, nor in the assumptions of breach of the terms of the contract on the part of the client

Outside the term of guarantee to which this section talks about, the client does not have right to return some by the voluntary and advance cease of the contracted plan, excepting those cases in which the effective legislation therefore she anticipates it.

This term of guarantee is not cumulative in any case to the right of dropping of the claim mentioned in the clause 4,10 and that the effective Spanish legislation recognizes the clients who, according to the same, had the consideration of consumers and users. In this sense, the dropping of the claim right is understood including in the first 14 days of the term of guarantee.

4.12 Piensa Solutions sends to its invoices of way Telematics with total legal validity since it uses for it the certificate class 2 To, accepted by the AEAT, of the National Factory of Currency and Timbre, fulfilling the effective norm in this matter and, therefore, guaranteeing the authenticity of the origin and the integrity of the content.

5º ENTRANCE In force, DURATION AND PROROGATION

5.1 the present contract enters in force at the time of its formalization, that is to say, when the client finalizes the hiring of his Plan of Hosting and has the possibility of acceding to the same, beginning Solutions Thinks to serve as of this moment.

5.2 the contract will last quarterly or annual, following the term of invoicing chosen by the client in the hiring form, from the formalization of the contract and it will be prorogued of automatic form by identical periods of time.

Despite the previous thing, in the case of the service Mail BASIC, the duration of the contract he will be annual, proroguing itself of automatic form annually.

In each tacit renovation copy of the present contract will not be sent, being understood always effective the published one then in the webpage that picks up the present version

5.3 the contract will not occur by finalized while the client does not come to terminate the Plan of Hosting from the section “services? of the AC. The loss will take place in the maximum term of 48 hours from the date of procedure by the client, which will have to be considered to avoid the loss of the information lodged in the servant.

The low volunteer of a service, produced prior to the paid victory, does not suppose the return of the not consumed proportional part, except in those cases in which the effective legislation she anticipates the opposite.

5.4 the extensions for the Plan of hosting contracted can activate or be deactivated at any time while the Plan of hosting is assets and to the current of the payment; however if an extension has an additional monthly cost, the fact to deactivate it before it overcomes in advance paid month does not suppose the return of not consumed the proportional part, safe in those assumptions in which the effective legislation it anticipates the opposite.

6º OBLIGATIONS AND RESPONSIBILITIES OF THINKS SOLUTIONS

6.1 About its relations with the client, Solutions Thinks will have to act with the diligence due in the use of its commercial activity, loyally and of good faith.

6.2 Piensa Solutions cannot guarantee that the availability of the Plans of Hosting 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 servants who are shared and other possible unforseeable contingencies.

6.3 Piensa Solutions reserves the right to interrupt the Plan contracted based on technical repairs and of maintenance of the equipment, as well as for the improvement of the own services.

6.4 Therefore, the client accepts to support within the reasonable limits risks and imperfections or nonavailability of the servants and specifically resigns to demand any responsibility, contractual or extra-contractual, damages to Thinks Solutions by possible failures, slowness or errors in the access and use of the contracted Plan, notwithstanding the arranged thing in the effective legislation.

6.5 Piensa Solutions is not responsible what he is to him exclusively imputable to the client. The access and use of the Plans of Hosting are exclusive responsibility of the client, in such a way that Solutions Thinks does not become person in charge of no way (neither direct nor subsidiary) of any direct or indirect damage, that the client could cause to third parties.

6.6 Despite all the previous one, if superior to 24 hours Thinks Solutions failed to fulfill the commitments assumed in this contract to serve inefficient during an uninterrupted period, the responsibility of Thinks Solutions will be limited the return of the money acquired by the Plan of Hosting affected during this calculated outage proportionally.

6.7 About no case Solutions Thinks accepts responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the Plans of Hosting of not fulfilling these with the expectations of the client.

6.8 Piensa Solutions realises backup copies, nevertheless it does not take responsibility of the loss or the accidental erasure of the data. In the same way, the total replacement of these data is not guaranteed because in the time passed between the last copy and the erasure, the data have been able to change. The Plan of contracted Hosting does not incorporate in the price the replacement of the contents saved through backup copies realised by Thinks Solutions when this loss is caused by cause imputable to the client; the replacement only is including in the price of the Plan when the loss of the content must to causes attributable to Thinks Solutions

6.9 the Plans of Hosting are sharing equipment with other services of equal nature. For this reason, Solutions Thinks reserves the right to suspend, total or partially, the fulfillment of the contract in case it warns, detects and/or 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.

6.10 Piensa Solutions does not take responsibility:

- Of the content lodged in the space attributed to the client by the Plan of Hosting.

- 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 Plan of the client although reasonable measures of protection have settled down.

- 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).

6.11 As a result of the nature of the systems basic Antispam and Filter Advanced Antispam Anti-virus, Solutions Thinks does not become person in charge, nor accepts, no claim of the client or a third party, by the rejection of some message of legitimate e-mail (incoming as as much salient), had, among others reasons, to the possible concurrence with average external technicians whom it has the own client.

6.12 Piensa Solutions, with the aim of constantly improving the quality and security of its products, will come periodically to update the versions of the operating systems that install in their servants, which will be available preferably in Spanish and in case of not being possible, in English.

6.13 Piensa Solutions offers, exclusively, in Castilian language, the contracts of its products, the additional documentation on the domain names, the procedure of hiring and all the information published in its webpage.

6.14 When finalizing the hiring procedure, Thinks Solutions stores in electronic format, a copy of the e-mail that receives the client, with the customized contract of the product.

7º OBLIGATIONS AND RESPONSIBILITY OF the CLIENT

7.1 the client must fulfill all the terms and conditions of this contract in the exercise of his professional activity, in addition she will have to act loyally and of good faith.

7.2 the client must satisfy the agreed remuneration, as she takes shelter in clause 4 of this contract.

7.3 the client will not use the Plan contracted of an opposite way the good faith, the public order and the effective legislation.

7.4 By means of the hiring of this Plan, the client commits a:

- To keep by its account a backup copy from the archives from the Plans from Hosting with the purpose of to replace them if it were necessary.

- To watch the size of the transference with the purpose of to avoid that its service when realising undergoes consequences an excessive consumption of the same. For such aim, the client has in the Control Panel of the calls “tables consumption?. The systems of Think Solutions identify the transference consumed by each Plan of Hosting, evaluating the information of the files of log of the Web server.

- The client commits himself to maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with Solutions Thinks, since it constitutes preferred mass media for the agile and fluid management in the benefit of the asked for Plan. If the client wants to change to the direction e-mail facilitated in the hiring form as contact direction will have to do it through AC, with the own measures of authentication of this request, so that at no moment the communication between both contracting parts is interrupted.

- Web Solutions is exonerated of all responsibility by the consequences that the lack of operativity of the direction e-mail of the client or the lack of communication that the updated change of direction cannot produce, as well as by the disinformation that the client due to his own negligence at the time of maintaining assets alleges this data.

7.5 the client is the only person in charge of the use and conservation of login and password of the AC since they are the necessary identifiers for the access to this tool and that they allow to contrast to Thinks Solutions the authentication of the access of the client and to facilitate the permission to the activities that are asked for. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the client.

7.6 the AC allows the client to realise, of form authenticated, managements on the contracted services, as to consult its data as client of Thinks Solutions, to accede to the issued invoices, to realise consultations, suggestions and claims, etc. The client will be able to identify and to know the state each battle conducted through S.A. by means of the ticket that Thinks Solutions assigns to each of these actions.

7.7 the client has the total responsibility of the content of his Web, of the information transmitted and stored, its operations, the connections of hypertext, the vindications of third parties and the legal actions that can trigger. Really, 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 plan on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of Internet use.

7.8 the use of the Plans of Hosting of opposite form 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 is violent, obscene, abusive, illegal, slanderous xenophobe or.

- 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 Regulation (the EU) 2016/679, of the European Parliament and the Council, 27 of April of 2016 (in future RGPD).

- The use of the servant of mail and/or its email addresses with aims of Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus (Trojans, worms, etc.), or any other type of activity realised with sabotaging, fraudulent or criminal spirit.

7.9 the client will compensate to Thinks Solutions by the expenses that this one had to even impute to him in some cause whose responsibility was attributable to the client, including honoraria and expenses of the lawyers of Think Solutions, in the case of nondefinitive judicial decision.

7.10 Because the Plans of Hosting are sharing equipment the client must develop and/or to administer to its Plan of Hosting respecting the technical standards ready by Thinks Solutions. On the contrary he will be of application the arranged thing in clause 6.9.

7.11 the client, by virtue of the present contract, does not acquire absolutely any right or licenses with regard to the Plan of Hosting, the necessary programs of computer 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 Thinks Solutions.

7.12 the client recognizes and accepts the possibility that of exceptional form, and as a result of the nature of the systems basic Antispam and Filter Advanced Antispam Anti-virus, the rejection of some message of legitimate e-mail can take place (incoming or salient), exonerating to on the matter Thinks Solutions of any type of responsibility.

7.13 the client, with the acceptance of the present contract, specifically allows the shipment of the invoices regarding the benefit of the Plan of Hosting contracted through telematics means, as she indicates the effective norm in this matter.

7.14 the communications between the client and the personnel of Think Solutions will have to observe the suitable correction in the forms.

8º GREATER FORCE

No of the parts will be responsible by the breach for the obligations derived from the contract when this breach is due to causes of Greater Force. If the suspension in the benefit of the service by this circumstance is superior to 2 months this contract will be able to be cancelled at the request of anyone of the parts.

9º COMPLETION

9.1 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:

- Mutual Agreement of the parts.

- Conclusion of the initial period of duration or the successive prorogations.

- Resolution by breach of some of the parts of the obligations derived from the Contract.

9.2 If the breach of the client were the cause of resolution of the contract, Solutions Thinks reserves the right to finish of anticipated form the present contract and, therefore, to strip to the client of the service without previous warning, without right to indemnification nor to return of amount some.

9.3 In case of 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 against Thinks Solutions and against third parties.

10º CONFIDENTIALITY

10.1. 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 to third parties without his consent.

10.2 the parts exclude from the category of confidential information all that one information that is disclosed by the part that owns it, that one that becomes public, that one that there is to be revealed in agreement with the laws or with a judicial resolution or imperative act of competent authority and that one that are obtained by a third party that is not under the confidentiality obligation some.

10.3 This obligation of confidentiality persists up to two (2) years after finalizing this contract. No of the parts will acquire no right on any information confidentiality or other rights of property of the other part as a result of this contract.

11º POLITICAL OF PROTECTION OF PERSONAL CHARACTER DATA

11,1 Object and scope of application.

Tesys Internet S.L.U. (in future, Solutions Thinks), in accordance with Regulation (the EU) 2016/679, of the European Parliament and the Council, of 27 of April of 2016 (RGPD), it shows the present Policy in relation to the treatment of the personal data.

To any others that grant their express consent, directly or indirectly, so that their data are treated by Thinks Solutions in relation to anyone of the indicated purposes about this Policy.

The user and/or client assume the responsibility of the veracity of the data by him facilitated, committing itself to that the same are certain and they are updated, not being able to use the identity of another person nor to communicate his personal character data unless he credits to have an authorization with legal validity. To such effects, the user and/or client will be the only person in charge against any damage, direct and/or indirect that he causes to third parties or to Solutions by the use of personal character data of another holder without its previous authorization Thinks, or their own personal character data when these are false, erroneous, are not updated or are inadequate. The user and/or client who communicates the personal character data of a third party will be responsible for to have successfully obtained the interested consent for the own one, as well as for the consequences on the contrary.

The user and/or client who communicates personal data to Think Solutions declares to be adult according to the arranged thing in the Spanish legislation, not having to provide data on the contrary to Thinks Solutions. Any data facilitated by a junior will require of the consent or previous authorization of its parents, legal tutors or representatives, who will be responsible for the personal data facilitated by the minors to their position.

The present Policy will be of subsidiary application in relation to other conditions on the collection or personal data processing that could settle down with special character and be communicated through forms of registry or contracts of the particular services, being this complementary Policy of the mentioned ones in what it was not predicted specifically in the same.

The use of the services of Thinks Solutions requires the express acceptance of the present Policy of protection of data.

11,2 Finn of the collection and treatment of the data by Thinks Solutions.

For all the purposes that appeared collections of express form in contracts corresponding to each one of the services contracted by the client and accepted by this one.

11,3 Adressees of the data.

Any other that is necessary to make possible the benefit of each service in particular, providing the necessary information in contracts of the services of Thinks Solutions, that they are accepted of express form by the clients.

11.4. - Term of conservation of the data.

The conservation of the personal data on the part of Thinks Solutions will be realised during the term of time that outside strictly necessary to fulfill the purposes picked up in the present Policy, being maintained Solutions properly Thinks blocked these data in addition during the period in which responsibilities could be derived from their relation with the clients.

With respect to the data object of conservation according to Law 25/2007, of 18 of October, conservation of data regarding the electronic communications and to the public networks of communications, the period of conservation of the same will be the detailed one in this norm.

11.5. - Right of the users.

Right to the portability: The users must right to receive the personal data that are incumbent to them in a structured format and of common use, being been requisite necessary that these data are incumbent exclusively on the user and had been facilitated by this one to Thinks Solutions.

About the case as much of users nonclients as of clients of Think Solutions: They have to his disposition the info@hosting-ehost.com email address, to that will be able to send an e-mail to exert their rights. If they also wish it they can do it through shipment of a request accompanied by his national identity document or valid document that it credits his identity, sent to the Commercial Department of Tesys Internet S.L.U., cs Surrounds 16, Industrial estate Portalada, 26006 Logroño (La Rioja) Spain, l, specifying the right that wish to exert.

Web Solutions reserves the right to acquire a canon by the administrative costs that are derived in the cases of unfounded or manifestly excessive requests by their repetitive character, as well as the right to refuse to act with respect to the same, according to the Art. 12,5 RGPD.

11.6. - International transferences.

About the case of services of Solutions Thinks that they require of the accomplishment of international transferences to make possible the benefit of the same, this circumstance will be indicated in the present contract, accepted of express form by this one of previous form to the same.

11.7. - Authority of control.

In the case of considering that the treatment of its personal data has not been realised according to the effective legislation, the users will be able to communicate it to the control authority that in each case corresponds. In Spain, the control authority is the Spanish Agency of Protection of Data, whose data of contact are published in http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

11.8. - Solutions as in charge of the treatment thinks.

  1. In relation to the form and modalities of access to the data in the benefit of the services, according to the RGPD will be of application the following rules:
  2. In case Solutions Thinks must have access to the located resources of treatment in the facilities of the client, this one will be responsible to establish and to implement the policy and safety measures, as well as to communicate the same to Solutions Thinks, that is committed to respect them and to demand its fulfillment to the people who participate in the benefit of the services.
  3. When Solutions Thinks accedes via remote to the resources of data processing responsibility of the client, this one will have to establish and to implement the policy and safety measures in its remote systems of treatment, being Thinks responsible Solutions to establish and to implement the policy and safety measures in its own local systems.  

Web Solutions does not take responsibility of the breach of the obligations derived from the RGPD or of the corresponding norm in the matter of protection of data on the part of the user and/or client in which to his activity it corresponds and that is related to the execution of the contract or trade relations that unite to him to Think Solutions. Each one of the parts will have to do against the responsibilities derived from their own breach of the contractual obligations and the effective norm.

11,9 Data of the person in charge of the treatment.

Social denomination: TESYS INTERNET, S.L.U.

NIF: B-26309096

Head office: C Circunde 16, Industrial estate the Portalada, 26006 Logroño (La Rioja)

E-mail of contact: info@hosting-ehost.com

11,10 Data of contact of the Delegate of Protection of Data:

delegadopd@hosting-ehost.com

12º LIMITATION OF GUARANTEE AND the RESPONSIBILITY

12.1 In no assumption Think Solutions, nor the managers and stops dependent positions, administrators, shareholders, agents or workers of her will contract responsibility some by cause, direct or indirect, related to the use that the client does of the service of Thinks Solutions.

12.2 the parts recognize that the putting in force of this contract, does not suppose no type of representation, delegation, guarantee or other agreements different from specifically described in this contract; and in agreement with it, all the terms, conditions, guarantees or other aspects implied by agreements or general regulation, are explicitly excluded until the limits allowed by the Law.

13º APPLICABLE LEGISLATION AND COMPETENT COURTS

13.1 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, will be of application the Spanish legislation.

13.2 If it got to arise some conflict or it differentiates between the parts in the interpretation and execution from this contract, and would not be solved in mutual agreement, the same will be solved at the request of anyone of the parts and after the communication in writing to the other, by means of arbitration in the Court of Arbitration of the Chamber of Commerce and Industry of La Rioja, the arbitration will be celebrated in Logroño and will be lead in agreement with the norms of the Spanish law of Arbitration 60/2003, 23 of December, and the Regulation of the Court of the Chamber of Commerce and Industry of La Rioja.

In case the conflict is raised by a consumer or user, it will be transacted under the procedure anticipated in RD 231/2008, of 15 of February, through what the By arbitration System of Consumption is regulated.

13.3 For the case that the arbitration did not get to be realised by mutual agreement or would be declared null, both parts are put under the Courts and Courts of the City of Logroño with resignation to their own charter, if this one were another one. In the case of consumers or users, one will be to the arranged thing in the effective procedural norm.

13.4 Of previous form to means of conflict resolution mentioned in the previous sections, in the case of consumers and users, the client will be able to direct his complaints and claims to Think Solutions, preferably through S.A. Web Solutions will assign to each complaint or received claim a number of ticket that it will send to the client, so that this one can identify it and know its state, committing itself Thinks Solutions to give answer to the same in the maximum term of a month since the client had sent it.

13.5 If the fulfillment of this contract is reasonably possible, will continue during the course of any discord and/or by arbitration or judicial procedure.

13.6 If any stipulation of this contract were declared null or without effect, wholly or partly, by any court or competent authority, the remaining stipulations will conserve their validity, unless the parts discretionarily decide the completion of the contract.

ANNEX CHARACTERISTIC TECHNICAL, EXTENSIONS AND PRICES OF THE HOSTING PLANS

A) RESOURCES AND APPLICATIONS INCLUDING:

- > MAIL BASIC

Characteristics:

- 1 account of mail POP3/IMAP4 of 2 GB of space.

- Webmail.

- 5 accounts of redirigido mail.

- Active Frame.

- Limitless alias.

- Autorrespuestas.

- Anti-virus/basic Antispam.

- Page of presentation sponsored by Thinks Solutions.

Extensions (optional hiring):

- Filter Anti-virus/Advanced Antispam.

Annual price: 2.95 Euros

- > PLAN BASIC

Characteristics:

- Number of lodged domains: 1

- Web:

or 25 GB of space in disc.

or Limitless monthly transference.

or 1 counts FTP.

- Mail:

or 10 accounts of mail POP3/IMAP4 of 2 GB each.

or 20 accounts of redirigido mail.

or limitless Alias.

or Autorrespuestas.

or Account catch all.

or Webmail.

or limitless Transference.

or Anti-virus/basic Antispam.

- Programming:

or cgi - BIN own.

or PHP.

or Perl.

or Python.

or SSI (Server Side Include).

or HTML, CSS and Javascript

- Data bases:

or 1 data base MySQL of 1 GB of space.

- Management De Dominio:

or Control Panel to administer all the resources of the domain.

or Management of the DNS of the domain.

or It has supported/Administration:

or Area of deprived client to manage the domain.

or by email electronic gratuitous technical Support with system of tickets.

Extensions (optional hiring):

- Filter Anti-virus/Advanced Antispam.

- Certificate of Seguridad (SSL).

- Disc space for mail mailboxes.

Quarterly price: 5.85 Euros

Annual price: 21 Euros

- > PREMIUM PLAN

Characteristics:

- Number of lodged domains: 1

- Web:

or 100 GB of space in disc.

or Limitless monthly transference.

or 10 accounts FTP.

or 5 subdomains

or virtual Directories.

or Directories protected by password.

- Mail:

or 50 accounts of mail POP3/IMAP4 of 2 GB each.

or 100 accounts of redirigido mail.

or 1 list of mail.

or limitless Alias.

or Autorrespuestas.

or Account catch all.

or Webmail.

or limitless Transference.

or Anti-virus/basic Antispam.

- Programming:

or cgi - BIN own.

or PHP.

or Perl.

or Python.

or SSI (Server Side Include).

or HTML, CSS and Javascript

- Bases De Datos:

or 5 data bases MySQL of 1GB of space each.

or Database manager MySQL: phpMyAdmin.

- Management De Dominio:

or Control Panel to administer all the resources of the domain.

or Management of the DNS of the domain.

- Support/Administration:

or Area of deprived client to manage the domain.

or by email electronic gratuitous technical Support with system of tickets.

or automatic Sitemap for finders.

Extensions (optional hiring):

- Filter Anti-virus/Advanced Antispam.

- Certificate of Seguridad (SSL).  

- Disc space for mail mailboxes.

Price:
Quarterly payment: 14.85 Euros

Annual payment: 53.40 Euros

- > PLAN UNLIMITED

Characteristics:

- Number of lodged domains: 1

- Web:

or Limitless disc space.

or Limitless monthly transference.

or 50 accounts FTP.

or 15 subdomains

or virtual Directories.

or Directories protected by password.

or 1 Certificate of gratuitous Security BASIC SSL powered by Symantec (limited 1 certificate by product).

- Mail:

or Limitless accounts of mail POP3/IMAP4 of 2 GB each.

or 200 accounts of redirigido mail.

or 5 lists of mail.

or limitless Alias.

or Autorrespuestas.

or Account catch all.

or Webmail.

or limitless Transference.

or Anti-virus/basic Antispam.

- Programming:

or cgi - BIN own.

or PHP.

or Perl.

or Python.

or SSI (Server Side Include).

or HTML, CSS and Javascript

- Bases De Datos:

or Limitless data bases MySQL of 1GB each.

or Database manager MySQL: phpMyAdmin.

- Management De Dominio:

or Control Panel to administer all the resources of the domain.

or Management of the DNS of the domain.

- Support/Administration:

or Area of deprived client to manage the domain.

or by email electronic gratuitous technical Support with system of tickets.

or automatic Sitemap for finders.

Extensions (optional hiring):

- Filter Advanced Antispam Anti-virus.

- Certificate of Seguridad (SSL).

- Disc space for mail mailboxes.

Price:
Quarterly payment: 29.85 Euros

Annual payment: 107.40 Euros


B) EXTENSIONS

1. - FILTER ADVANCED ANTI-VIRUS ANTISPAM:

This additional resource will only be of application to the Plans that next are indicated and with the price that is determined for each:

- Mail BASIC: 2 Euros to the year.

- Plan BASIC: 1 Euro to the month.

- Premium plan: 2 Euros to the month.

- Unlimited plan: 3 Euros to the month.

2. - CERTIFICADOS DE SEGURIDAD (SSL)

Web Solutions offers to the clients of the Plans of Hosting, the possibility of asking for a Certificate of Seguridad (SSL).

The Certificate of Seguridad (SSL) allows to have a safe website, where the users can interchange information without risks, assuring the authentication, confidentiality and integrity of the data that are transmitted through Internet.

The client will be able to ask for the Certificate of Seguridad (SSL) from the Control Panel of his Plan of Hosting and Piensa Solutions will be in charge to transact its request and installation.

The different models and Certificate tariffs of Seguridad (SSL) offered by Think Solutions, are updated for their consultation in http://www.hosting-ehost.com/

The payment will be realised in advance, either by transference or by credit card and once verified the same, Solutions Thinks will begin its procedure.

3. – DISC SPACE FOR MAIL MAILBOXES