GENERAL CONDITIONS APPLICABLE TO THE SERVICES OF STREAMING
CmarTone Europe, S.L (in future CmarTone) with CIF B95004248 previously supplies their services - among others - through https://www.cmartone.com or to 2002, through http://www.webstudio.es
In future reference to the person will be made who contract anyone of the services of CmarTone as â€œthe clientâ€?.
The hiring of any served by indicated CmarTone next estimates the acceptance of the present conditions:
All the services of Streaming
The services contracted with CmarTone must be used exclusively with allowed aims. It is strictly prohibited the use of anyone of the services contracted with CmarTone that breaks any local Law, autonomic, national or international. It is absolutely prohibited the use of the contracted services stops: Â· To restrict or to prevent the use of Internet to any other user. Â· To disclose or to transmit illegal, abusive, slanderous, obscene, racist, offensive, pornographic information or any other type of susceptible information of objection, or through advertising photographies, texts, banners or external page connections, as well as to publish, to transmit, to reproduce, to distribute or to operate any information or software that contains virus or any other harmful component, software or another hacked into material, to infringe rights of intellectual property, to publish or to facilitate material or access to resources on hacking, cracking, or any other information that CmarTone considers susceptible, still potentially, to jeopardize the security and/or integrity of any system. To violate any Local, autonomic, national or international legislation entails the suspension of the services and the communication immediate to the competent authorities.
2. RESPONSIBILITIES AND GUARANTEES
CmarTone is committed to serve Supplied with the had diligence, being used personal that credits the due experience, qualification and preparation in the fulfillment of the internal procedures of the own CmarTone. However, due to the possibility of own problems of the Internet network and other unforseeable contingencies and of greater force, CmarTone cannot guarantee to the 100% that the availability of the service will be continuous and uninterrupted during the period of use of the contract and therefore it cannot accept responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the services contracted with the exception of the commitment of return within guarantee. Force majeures or act of God will be considered as, without limiting character, the delay, failure, suspension or interruption of the Services as a result of the restrictions of energy, blockade of the telecommunications or the Internet network, action or omissions of third people, operators of telecommunications or provision, maintenance companies or transport or any other cause or independent circumstance of the CmarTone will that prevents the normal benefit of the contracted Services. CmarTone realises backup copies of their hard disks periodically. The objective of these backup copies is the replacement of the information contained in a hard disk in case of loss of the same. However, in case of accidental erasure and due to unforseeable contingencies and of greater force it is possible that its total replacement cannot be guaranteed. The client is the only person in charge to keep by his account a backup copy from his archives with the purpose of to replace these if it were necessary. CmarTone will not be responsible in any case for the information or archives that the client stores in the CmarTone servers. CmarTone does not guarantee that the Services are useful for the accomplishment of no activity in particular, nor the infallibility of the Services and, in particular, although of exclusive way, that the Clients can indeed accede to the different existing sites in Internet through the Services, transmit, spread, store or put at the disposal of third parties Contained through the Services, or not to receive, to obtain or to accede to Contents through the Services. CmarTone EXCLUDES ALL RESPONSIBILITY BY THE DAMAGES FROM ALL NATURE THAT COULD BE DUE TO THE FRAUD OF THE UTILITY THAT THE CLIENTS WILL HAVE BEEN ABLE TO ATTRIBUTE TO THE SERVICES AND TO THE LACK OF INFALLIBILITY OF THE SERVICES AND, IN PARTICULAR, ALTHOUGH NOT OF EXCLUSIVE WAY, TO THE FAILURES IN THE ACCESS TO THE DIFFERENT EXISTING SITES IN INTERNET THROUGH THE SERVICES, IN THE TRANSMISSION, DIFFUSION, STORAGE OR PUTTING AT THE DISPOSAL OF THIRD PARTIES OF CONTENTS THROUGH THE SERVICES OR IN THE RECEPTION, OBTAINING OR ACCESS TO CONTENTS THROUGH SERVED. CmarTone does not guarantee the privacy and the security in the use of the Services on the part of the Clients and, in particular, does not guarantee that third parties nonauthorized cannot have knowledge of the class, conditions, characteristics and circumstances of the use of Internet that can make the Clients or which cannot accede and, where appropriate, to intercept, to eliminate, to alter, to modify or to manipulate of any way the Contents and communications of all class who the Clients transmit, spread, store, make available, receive, obtain or accede through the Services. CmarTone EXCLUDES ALL RESPONSIBILITY BY THE DAMAGES FROM ANY NATURE THAT CAN BE DUE TO THE KNOWLEDGE WHICH THEY CAN HAVE THE THIRD PARTIES OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE DE INTERNET THAT CAN MAKE THE CLIENTS OR WHICH CAN BE DUE, WHERE APPROPRIATE, TO THE ACCESS AND TO THE INTERCEPTION, ELIMINATION, ALTERATION, MODIFICATION OR MANIPULATION OF ANY WAY OF THE CONTENTS AND COMMUNICATIONS OF ALL CLASS WHO THE CLIENTS TRANSMIT, SPREAD, STORE, MAKE AVAILABLE, RECEIVE, OBTAIN OR ACCEDE THROUGH SERVED. CmarTone does not guarantee that the Client or other Clients accede to and/or, where appropriate, use the Services in accordance with the arranged thing in the Conditions or with the particular conditions that can be from application. CmarTone EXCLUDES ANY RESPONSIBILITY BY THE DAMAGES FROM ALL NATURE THAT COULD BE DUE TO THE ACCESS TO AND THE USE OF THE SERVICES BY THE CLIENT AGAINST THE ARRANGED THING IN THE PRESENT CONDITIONS. In any case and if it were demonstrated that CmarTone has failed to fulfill their obligations of negligent form, the CmarTone responsibility is limited the return of the phelp amounts corresponding to the proportional part of the period nonconsumed.
3. PERSONAL AND IDENTIFYING DATA
The client declares to be the legal person responsible for the use of the contracted service. The client commits himself to provide to CmarTone his complete name, mailing dress, email address and phone number of contact and to maintain to us on the matter informed into any produced change. Within the frame of the benefit of services that CmarTone offers to their clients, CmarTone contract services to Servirack Technologies SL with that it has signed a contract of confidentiality and cession of the necessary data for the benefit of the service. On the other hand CmarTone is committed not to distribute, to sell or to facilitate to third people the information available on their clients, except for previous express authorization on the part of the client.
The Client commits himself to make a diligent use of the Keys of Access and to maintain his Keys of Access privily. The Client commits himself to communicate to CmarTone the loss or robbery of the Keys of Access in the smaller term of possible time, in order that CmarTone deactivates these Keys of Access. In any case, the Client will respond of the expenses corresponding to the use of the Services by any third party that uses the Keys of Access of the Client until the moment at which, where appropriate, the Client has asked for to CmarTone the decontamination of the Keys of Access. For exception to previous, the Client he will not be responsible for the caused expenses to CmarTone derived from the use of the Services by a third party that uses Keys of Access of the Client when this use is due to an administrative error or of CmarTone management or to another reason that is imputable exclusively to CmarTone.
5. ANTISPAM, ANTI-VIRUS, SPAM AND SHIPMENT OF PUBLICITY NONASKED FOR
The client commits himself not to transmit publicity asked for through e-mail or any other means in Internet not being publicized any services provided with accomodations by CmarTone, or through services contracted with CmarTone or any other supplier of services. The breach of this point entails the immediate suspension and without previous warning of the contracted services. The shipment of massive mail or massive diffusion of messages, continuous shipment of a lifted number of messages is also prohibited. From the moment at which CmarTone detects that these activities harm the correct operation of the services and/or bring about delays in the deliveries of mail of the other users of the systems, CmarTone will adopt the measures that considers necessary, either blocking directions IP, domains, users or other measures, being able even to come itself to the immediate suspension and without previous warning of all the contracted services. The services AntiSPAM and ANTI-VIRUS are subject to a limitation of number of filtered post office to guarantee the reliability of the services. CmarTone reserves the right - under its own technical criterion - to suspend the accounts that overload the service of excessive form.
6. SCRIPTS, APPLICATIONS PHP, ASP, MySQL
In the accounts of hosting that have their own directory cgi-bin, the client it can install and execute scripts that considers opportune as well as applications developed in PHP, ASP and other programming languages including in the contracted account. However, CmarTone reserves the right to deactivate any script or software installed by the client who affects to the normal operation of the servers and/or other users. The use of its account to provide services of accountants, interchanges of banners or other services cgi/php/asp to a great number of people will have to be put under previous conformity on the part of CmarTone. The abusive use of scripts or programmed applications that use MySQL and PHP, ASP, Perl or any other programming languages such as persistent connections, curls and similars can make nonviable the operation of their webpage in a shared server. CmarTone reserves the right to deactivate without previous warning the accounts of hosting causes of these problems in order to guarantee a maximum quality on watch to the set of accounts provided with accomodations in the same server. By reasons for security we did not allow to execute IRC in our servers.
7. CONSUMED TRAFFIC
All account of hosting and dedicated server includes a guaranteed amount of monthly traffic. If the traffic generated by an account of hosting or dedicated server surpasses the assigned monthly traffic, CmarTone will invoice the excess of traffic to the corresponding prices. The Client is responsible to control the amount of traffic consumed by the contracted services.
8. INVOICING AND PRICES
The contracted services renew automatically according to the contracted regularity (monthly, quarterly, semester or annual). In case of change of a modality contracted another one of price inferior, a position of 30 Euros + IVA will be applied. The payment of all the services will be in advance, being obligation of the client to make sure that its account has bottoms sufficient to avoid returns. In case of banking receipt return, 6 Euros for expenses will be loaded and it will become to send the receipt to the collection. In case of new return, it will be come to the temporary suspension of the service contracted during a maximum of 15 days, with or without previous warning. Passed this period, CmarTone will give by cancelled all contracted service and will come to the definitive erasure of all file of the existing client in their servers. In case of non-payment or delay in the payment, CmarTone reserves the right to temporarily suspend served to the client with or without previous warning. Passed a maximum of 15 days from the temporary suspension, CmarTonedarÃ¡ by cancelled all contracted service and it will come to the definitive erasure of all file of the existing client in his servers. In case of given back domiciled banking position pending payment in which its bank indicates as reason for the return code 5 (by order of the client) and 6 (Disagreement with the amount), CmarTone reserves the right to suspend of form immediate served to the client with or without previous warning until half the payment of the owed amounts. CmarTone does not take responsibility of the consequences that could be as a result of the decontamination or definitive temporary suspension or from served due to a non-payment, delay in the payment, banking receipt return or retrotracciones of positions in credit cards. CmarTone reserves the right to ask for reiterated a guarantee equivalent to a periodic quota in case of unphelp. In any case, CmarTone reserves the right to demand the payment of the pending amounts of payment by the routes that it considers opportune.
9. CANCELLATION, REFUSAL AND DISCONTINUITY IN THE SERVICE
Anyone of the parts - the client or CmarTone - will be able to give by cancelled the present contract of services with a minimum advance of 15 days natural, communicating it in writing to the other part, via email, Fax or letter. CmarTone will not refund amount some in case of request of immediate loss of the service on the part of the client before the victory of the period during which the service has been contracted. CmarTone reserves the right to deny or to interrupt the services contracted by the client with or without previous notification if the client incurs any conduct or activity that CmarTone considers that it violates some of the terms, set out norms and conditions, or by causes that CmarTone considers that they suppose a risk for the security and integrity of his systems or systems of third parties, as well as in the cases of non-payment or delay in the payment exposed in point 8, not taking responsibility CmarTone of the consequences that could be. The client will go to our personnel with the sufficient courtesy and will facilitate information, cooperation and information necessary to allow CmarTone to fulfill his commitments.
CmarTone will maintain the confidentiality and the security of the information facilitated by the CLIENT for the collection of the service, as it is described in the Law of Protection of Data. CmarTone is committed not to yield nor to sell to third parties the information on the Client. The Client is conscious that CmarTone will be able to use their data of contact (mailing dress, email, telephone) to notify changes to him of prices, new services or changes in the characteristics of products and services supplied by CmarTone Europe, LIMITED LIABILITY COMPANY.
11. PROTECTION OF DATA AND PERSONAL DATA PROCESSING ON BEHALF OF THIRD PARTIES
The client commits himself to respect and to fulfill his obligations of which they emanate of the Laws of Protection of Data, according to Statutory law 15/1999 of 13 of December, of Protection of personal Character data, Real Decreto 994/1999 of 11 of June, and to REGULATION (the EU) 2016/679 of the European Parliament and the Council of 27 of April, that is to say, the â€œGeneral Regulation of Protection of Data or RGPD) and any other dispositions that are applicable at every moment to the present Conditions as well as to served. The Client, as his person in charge of the file, will compensate to CmarTone by any loss, damages, I interest, sanctions or indemnifications that CmarTone is forced to satisfy, it can suffer or that it can incur as a result of a breach on the part of the client of the obligations of spring from the present Clause and/or the breach on the other hand of the effective dispositions at every moment, in the matter of Protection of Data. The Client authorizes and accepts that CmarTone will be able to introduce their personal data, their name and other details including in the Form of Order, a directory computer science file, whose person in charge and holder is CmarTone, for internal use and in order to facilitate to CmarTone the benefit of the services, unless the client gives concrete instructions in writing on the contrary, understanding that the execution of the mentioned Form implies its consent to take to end this treatment. The natural person who consists in the Form of Order has the possibility of exercising her rights of access, rectification, cancellation and opposition, in relation to its personal data, sending a writing to CmarTone will be understood by personal character data all information on an identified or identifiable natural person (â€œthe interested oneâ€?); identifiable natural person will consider itself all person whose identity can be determined, directly or indirectly, in particular by means of an identifier, as for example a name, a number of identification, data of location, an identifier in line or one or several own elements of physical, physiological, genetic, psychic, economic, cultural or social the identity of this person. The obtaining, treatment and/or access on the part of CmarTone to personal character data responsibility of the CLIENT within the framework of the present contract frames within article 28 of the General Regulation of Protection of Data, that is to say, data processing of personal character on behalf of a third party not considering itself in no case a data communication, and according to the arranged thing in this article CmarTone he is the one in charge of treatment of the data responsibility of the Client. Their servers, systems, facilities, etc are in SPAIN, within the European Union (CPD in ZAMUDIO - BISCAY) and realises all the data processings according to the General Regulation of Protection of Data, offering guarantees sufficient to apply appropriate the technical and organizational measures. The treatment that CmarTone of the data realises responsibility of the Client frames within the services of lodging (in its different modalities, hosting, servers, etc), domains and e-mail, taking place in any case treatments of lodging and transmission in a network of telecommunications of data not realising no other treatment as it can be the collection, structuring, diffusion etc, of the personal character data of the Client. The Client, as treatment person in charge, stores in the CmarTone machines, in accordance with these services, the information, data and categories of personal data that consider opportune according to their own instructions and is the only person in charge in determining the purposes, the objectives and means of the carried out treatments. The duration of the designation as in charge of treatment will last the same that the contract that originates it. CmarTone as in charge of treatment, assumes to have to fulfill the following obligations: - To use the personal data object of treatment, or those that gathers for its inclusion, only for the purpose object of this order. In no case it will be able to use the data for own aims. - To deal with the data in agreement with the instructions the Client in accordance with the contract of benefit of tie services. If CmarTone considers that some of the instructions infringes the RGPD or any other disposition in the matter of protection of data of the Union or the Member States, CmarTone will inform immediately to the CLIENT. - To take, in writing, a registry of all the categories of activities of treatment conducted by the Client in accordance with article 30 of the General Regulation of Protection of Data. - Not to communicate the data to third people, unless it counts on the express authorization of the Client, in the legally permissible assumptions. - Not to subcontract none of the benefits that comprise of the object in the present agreement. In order to subcontract with other companies, except for necessary the auxiliary services for the normal operation of the services of CmarTone, it will communicate in writing the Client, identifying of clear and unequivocal form the company subcontractor and its data of contact. Sub-contracting will be able to be carried out if the person in charge does not indicate his opposition within 15 days. The subcontractor, who also has the condition of in charge of the treatment, is also forced to fulfill the obligations settled down in this document for the one in charge of the treatment and the instructions that the person in charge dictates. The new relation corresponds to regular CmarTone, so that the new one in charge is subject to the same conditions (instructions, obligations, safety measuresâ€¦) and with the same formal requirements that he, with respect to the suitable treatment of the personal data and to the guarantee of the rights of the affected people. In the case of breach on the part of the subone in charge, CmarTone will totally continue being responsible before the person in charge with respect to the fulfillment for the obligations. - To maintain to have of secret with respect to the personal character data to which it has had access by virtue of the present order, even after its object finalizes. - To guarantee that the people authorized to treat personal data commit themselves, of form it express in writing and, to respect the confidentiality and to fulfill the corresponding safety measures, into which there is to inform to them properly. - To guarantee the formation necessary in the matter of protection of personal data of the people authorized to treat personal data. - In case people affected by the data processing responsibility of the Client exert the rights of access, rectification, suppression and opposition, limitation of the treatment, portability and to be object of decisions individualized before CmarTone this one will not together communicate it to the Client of immediate form, where appropriate, with other information that can be excellent to solve the request. - Notification of violations of the security of data CmarTone will notify the Client, without illegal delay, and in any case before the maximum term of 36 hours, and through e-mail, the violations of the security of the personal data to its position of which it has knowledge, together with all the excellent information for the documentation and communication of the incidence. The notification will not be necessary when it is improbable that this violation of the security that affects to the personal data responsibility of the Clients and that constitutes a risk stops to the rights and the liberties of the affected ones. - To support to the Client in the accomplishment of the evaluations of impact regarding the protection of data, when it comes. - To put at the disposal of the Client all the information necessary to demonstrate the fulfillment of its obligations, as well as to support in the accomplishment of audits when it comes. - To give back to the person in charge the personal character data once fulfilled the benefit. The return must tolerate the total erasure of the existing data in the CmarTone equipment. However, CmarTone can conserve a copy, with the data properly blocked, while responsibilities can be derived from the execution of the benefit. The safety measures implanted by CmarTone in their facilities/services are the established ones according to the evaluation of impact in the matter of protection of data realised and in any case it has implanted mechanisms stops: To guarantee the confidentiality, integrity, permanent availability and resilience of the systems and services of treatment. To recover the availability and the access to the personal data of fast form, in case of physical or technical incident. To verify, to evaluate and to value, regularly, the effectiveness of the technical and organizational measures implanted to guarantee the security of the treatment. Seudonimizar and to base the personal data, if so. In the case of the machines and servers responsibility of the client, CmarTone, as in charge of treatment has established the safety measures that are determined in the card of the services as well as in contracts of level on watch (ex, backup copies, coding of data, etc.). If the Client, according to the typology of treated data, its own evaluations of impact, conducted analysis of risk, etc. considers the necessity of the implantation of safety measures different superiors or, she must put it in CmarTone knowledge in order to value, advise, budget and put into operation these safety measures. CmarTone has designated a delegate of protection of data being able in touch to put through [email protected]
email or in the phone number 94 23 25 18 Obligations of the Client as person in charge of the treatment. It corresponds to the person in charge of the treatment: - The total responsibility of the election of the service (lodging, e-mail, etc.) and its modality, according to its evaluations of impact in the matter of protection of data and/or realised analyses of risks. - The total responsibility in determining the purposes, the objectives and means of the conducted treatments. - To give to the one in charge the data necessary to serve. - To realise the previous consultations that correspond. - To guard by the fulfillment of the effective norm in the matter of personal data on the part of the one in charge. - To supervise the treatment, including the accomplishment of inspection and audits.
CmarTone reserves the right to introduce modifications in the characteristics and prices of the supplied services. All notification that affects to the technical characteristics and/or prices of the supplied services will take place through our webpage directly.
The parts (on the one hand the client and, on the other, CmarTone Europe, LIMITED LIABILITY COMPANY) are put under, with whole resignation to any other charter that could correspond to them, to the courts and courts of Durango (Biscay), Spain.