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GENERAL CONTRACT CONDITIONS FOR THE YA.COM FLAT RATE ACCESS SERVICE


France Telecom España, S.A. (before, France Telecom España Internet Service Provider, S.A.U., hereinafter YA.COM), with head office at Avda. Paseo del Club deportivo, 1 Edificio 8 28223 Pozuelo de Alarcón, Madrid and registered under CIF [Tax Identification Number] A-82009812, does hereby make available high speed Internet access service to the customer, called Ya.com Flat Rate Access Service, under the terms established in these General Conditions.


Any of the following actions performed by the customer will mean its express acceptance of these General Conditions: activation of the "Accept" button in the electronic contract process and/or payment of any of the charges for the Ya.com Flat Rate Access Service.


The customer may enter into a contract under any of the types of the Ya.com Flat Rate Access Service, solely and exclusively within the framework of the different packages or commercial offers (hereinafter the “Commercial Offers”) that YA.COM may make available to the customer at any time through the URL http://acceso.YA.COM (hereinafter, the “Access Page”).

 

The customer shall be understood as all individuals or legal entities that use or request the Ya.com Flat Rate Access Service, who do not develop public communications networks or provide electronic communications services to the public, nor resell them, and wish and have sufficient legal capacity to contract the services of YA.COM.

 

YA.COM shall not be held liable for false statements in the information provided by the customer when entering into the contract.

 

One. Purpose.

 

The purpose of these General Conditions is to establish the framework within which YA.COM shall provide the Ya.com Flat Rate Access Service to the customer, and the latter shall use it. The Ya.com Flat Rate Access Service shall be provided exclusively in the Spanish territory. In order for the service to be provided, the customer’s compliance with the Prior Requirements that are covered in Condition Two shall be an essential requirement.

 

The Ya.com Flat Rate Access Service is provided to the customer according to the type chosen by the latter, in its capacity as the end customer, for its exclusive use at the installation address stated in the contract process. The customer may not act as a reseller or distributor of any type of service to third parties, nor use the Ya.com Flat Rate Access Service outside of the installation address.

 

The Ya.com Flat Rate Access Service will consist of an Internet access connection through the RTB or RDSI telephone line that must have been subscribed to previously by the Customer with Telefónica de España, S.A.U., in accordance with that set forth in Condition 2.2.

 

Two. Prior Requirements.

 

Compliance with the requirements that are listed below shall be considered essential and necessary for provision of the Ya.com Flat Rate Access Service:

  1. 2.1 Computer equipment requirements of the customer. This equipment shall meet the following minimum characteristics:


      • Windows 98, XP, Millenium, 2000, NT, Mac and Linux operating systems or any other that YA.COM may announce in the future.
      • Pentium 233 MHz or greater.
      • Analogical or RDSI MODEM and drivers compatible with a conventional telephone connection.

  1. 2.2 Telephone Access Requirements of the customer: THE customer must be a subscriber to an analogical RTB or RDSI telephone line with Telefónica de España, S.A.


  1. 2.3 Other installation requirements:


      • MODEM configuration: The functioning of the MODEM requires its correct configuration in accordance with the requirements of the Ya.com Flat Rate Access Service, which includes determining the telephone number indicated by YA.COM through which the Internet connection provided by the Flat Rate Service will be carried out. This configuration will be carried out personally by the customer (“Self-configuration”).


      • Start of service provision with the Ya.com Flat Rate Access Service. YA.COM will provide access to the Ya.com Flat Rate Access Service within a maximum period of FORTY EIGHT (48) hours of registering.

Three. Characteristics of the Ya.com Flat Rate Access Service.

 

The different Commercial Offers for the Ya.com Flat Rate Access Service offered by YA.COM at any time through the Access Page shall be composed of the following elements:

  2. 3.1. Speed: The Ya.com Flat Rate Access Service will be provided by YA.COM within the framework of the various Commercial Offers in accordance with one of the following speed packages:


    3. Package

    Network-Customer download speed

    Customer-Network upload speed

    24h flat rate

    		 64kbs/56 Kbs 64kbs/56 Kbs

    Day flat rate

    64kbs/56 Kbs

    64kbs/56 Kbs

  3.  

    3.2. Timetable: The Ya.com Flat Rate Access Service will be provided by YA.COM within the framework of the various Commercial Offers in accordance with one of the following packages:

    1. 24-Hour Flat Rate Package: access TWENTY-FOUR (24) hours a day.


    2. Day Flat Rate Package: access from EIGHT O’CLOCK in the morning (8 am) until EIGHT O’CLOCK in the evening (8 pm).


  5. 3.3. When subscribing to the services, the prices for each of the Commercial Offer packages will be available on the Access Page and will always be kept up to date.


    3.4. I.P. Connection Type (Internet Protocol): static or dynamic I.P. address.


  6. 3.5. Technical Support: The Ya.com Flat Rate Access Service includes the provision of Technical Support Service from 8:00 a.m. to 12:00 a.m.


    3.6. Initial connection period: The initial connection period of the service shall be a maximum of 30 (thirty) days.


    3.7. Service maintenance: YA.COM Flat Rate Access Service offers to the Customer an integral service maintenance which includes data line, the necessary connection equipment and the access network.


    Service maintenance also includes a technical support service for the configuration of all the necessary components in order to connect: basic configuration and outpost of the connection hardware, TCP/IP´s Customer service configuration, connection equipment components software/hardware installation provided for YA.COM if its necessary and they were provided for YA.COM and a technical support for services of added value (e-mail accounts service, hosting service, …) included in YA.COM Flat Rate Access Service.


    YA.COM must integrally manage incidences in any of these services, once the Customer has notified them to the Customer Service Centre opportunely. The Customer must communicate incidences resolution to YA.COM.

Four. Additional Services.

 

In addition, the different Commercial Offers offered by YA.COM to the Customer for providing the Ya.com Flat Rate Access Service may include the provision of a series of Additional Services. Signing on to the conditions that regulate these Additional Services shall be done either by signing this Contract, or through the Access Page.

 

The Additional Services included in the Ya.com Flat Rate Access Service, which will be automatically contracted and accepted at the time this contract is signed, may be the following:

  1. 4.1. E-mail Accounts Service: Within the framework of the Ya.com Flat Rate Access Service contract, YA.COM shall make an E-mail Account Service available to the Customer at no additional cost.

     

    4.2. Static IP Service: YA.COM hereby makes available to the Customer a consistent service of assigning a static IP, which is stated in the Commercial Offer at any given time. The characteristics of this service is:


    1. (i) YA.COM shall grant the customer the use of an IP address that shall be assigned at every connection. The customer shall not be the owner of the IP address.

      (ii) YA.COM shall reserve the IP address exclusively for that customer.

      (iii) Notwithstanding the foregoing, YA.COM may change the assigned IP address as an extraordinary measure due to technical needs of the service, provided there is advance warning of fifteen (15) days. In this case, the Customer shall receive precise instructions so that the change in IP address does not cause it any harm.

     

    4.3. Hosting Service: At no additional cost, YA.COM makes available to the Customer, within the framework of the Commercial Offers that are offered at any given time, a specific space for personal web pages, with a maximum transfer rate consumption (bandwidth) of ONE (1) Megabyte per page seen. Provision of the service shall adhere to the following conditions:


    1. 4.3.1. Description of the Service: Service for storing the customer’s information or information that it is authorised to disclose, on a YA.COM server made available during the Contract term. The Service is configured as an Additional Service of the Ya.com Flat Rate Access Service, within the framework of the offers that do thus state. Therefore, it may only be contracted jointly with the Ya.com Flat Rate Access Service and within the framework of these different packages or commercial offers. The Service provides the following characteristics:


    2. • Connectivity:
      1. - Redundant connectivity
      2. - Point of presence on Espanix

    3. • The YA.COM facilities shall have the following conditions:
      1. - Cooling system
      2. - Fire detection system
      3. - Dual power systems
      4. - Restricted access to the premises: Only to authorised person(s)
      5. - Security with 24 x 7 constant monitoring
      6. - Redundant firewall structure

    4. • Server maintenance:
      1. The cost of server maintenance shall be borne by YA.COM, unless the customer has acted negligently or has even housed applications that may create any damage in the server, in which case the customer shall be liable for the damages caused to YA.COM.

    5. • Level of service:
      1. - YA.COM undertakes to makes it greatest efforts to guarantee proper storage of the Information, such that it is made available to Internet users without interruptions during the term of this contract.
      2. - Nevertheless, YA.COM shall not be liable for interruptions in availability of said Information, caused by events of force majeure or events beyond the control of YA.COM.
      3. - YA.COM may temporarily interrupt storage of the Information on its Servers, or the availability thereof to Internet users, due to reasons of security or restructuring of the computer resources of YA.COM, aimed at improving its storage services and Information availability by way of the Internet. In any event, YA.COM shall make its greatest efforts so that these interruptions have a minimum effect on the customer. YA.COM shall not be liable for damages caused by said interruptions, if they have been made known to the customer with a minimum advance notice of 48 hours.
      4. - When the server is managed by the customer, YA.COM shall not be held liable for availability of service or other related services.


      4.3.2. customer Obligations: The customer undertakes to use the service correctly and to comply with the current standards at all times during the term of the contract::


      1. • The customer acknowledges YA.COM’s ownership on methods, knowledge, know-how and procedures used in the development and performance of the services hereunder, and shall own the image, intellectual property and industrial rights or rights of any other nature on the contents, or shall have the appropriate licenses or rights of use, exonerating YA.COM from any claim that could come from third parties.

        • The customer shall appoint a contact person with powers to make decisions on behalf of the customer, once the contract enters into force, who shall act as the sole intermediary with YA.COM.

        • The customer undertakes to provide collaboration, data, specifications and documents that are necessary for meeting the obligations arising from this contract.

        • The customer shall access the YA.COM server through means of information technology in order to store, modify or remove data stored therein. For this purpose, YA.COM shall provide the customer with a user name and password that allow remote access.

        • The use of the server contrary to good faith is prohibited, which includes but is not limited to the following:


        1. - Use that is contrary to the Spanish laws or that violates the rights of third parties.

          - The publication or transmission of any content that in the judgement of YA.COM may be violent, obscene, abusive, illegal, racist, xenophobic or defamatory.

          - Cracks, serial numbers for programs or any other content that violates the intellectual property rights of third parties.

          - Collecting and/or using personal information from other users without their express consent, or infringing upon Constitutional Law 15/1999 of December 13, regarding Protection of Personal Information.

          - Use of the server for so-called spamming purposes (sending unsolicited mass e-mail, of a marketing or any other nature), as well as mail bombing (sending large messages for the purpose of blocking a server) and phishing (fraudulently and deceitfully acquiring personal information such as passwords or credit card details).


      4.3.3. YA.COM reserves the right to remove contents stored on its servers that violate the provisions of this Clause, or to take any other measure that it deems necessary to prevent illegal activity or infractions from being committed, which it has detected without the need to notify the customer in advance.

       

      4.3.4. The information stored on the YA.COM server shall belong, for all intents and purposes, to the customer, who shall be the sole party responsible, according to the provisions of article 16 of Law 34/2002 of July 11, for information and e-commerce company services.


The included Additional Services, where applicable, in the different Commercial Offers, and which shall be contracted independently through the access page, may be the following:


  1. 4.4. “Security Suite” Information Security Service: YA.COM may make "Security Suite" Information Security available to the customer within the framework of the Commercial Offers offered at all times. The specific conditions that regulate the provision of this service are available to the customer in the customer Area. This is understood to be the section accessible to YA.COM customers from the Access Page www.YA.COM and identified as such, in order to manage issues related to the services that the customer has contracted at any given time.

     

    4.5. A Domain and Domain Management Service: YA.COM may make a domain (hereinafter “your domain”) of the .com, .net, .org, .biz, .info, .es type available to the customer within the framework of the Commercial Offers offered at all times, at the choosing of the customer. The Specific Conditions that regulate the provision of the YA.COM Domain Management Service are available to the customer on the Access Page to the YA.COM Domain Store, and shall be accessible from the Commercial Offers that include this Additional Service.

     

    4.6. Voice Service through Pre-selection or Direct Dialling: YA.COM may make Voice Service available to the customer within the framework of the ADSL Commercial Offers offered at all times, under the indirect access type through pre-selection or direct dialling, which shall be provided by YA.COM. The Specific Conditions applicable to this Service shall be made available to the customer and shall be accepted by the latter at the time the express Service is contracted, and also these General Conditions.

Five. Obligations of the Parties.

  1. 5.1 Obligations of YA.COM


    From the date that the Customer has proven compliance with the Prior Requirements (hereinafter “Service Activation Date”), YA.COM shall be under obligation to:


    1. Provide the Ya.com Flat Rate Access Service to the customer under the conditions stated herein and in the Commercial Offer entered into by the customer.


    2. Provide the customer with the ability to terminate the contract at no cost whatsoever, if within the period of 7 (seven) days from receiving the elements necessary for provision of service, the customer were to state its intent to terminate the contract, through any manner admissible by law. In this case, the customer shall return all elements received.


    3. Make the Additional Services available to the customer, where applicable, contracted by the customer together with the Ya.com Flat Rate Access Service.


    4. Provide Technical Support Service from 8:00 a.m. to 12:00 a.m. through a customer Service telephone line, which number shall be given to the customer along with the Service installation guide.


    5. Provide a customer Service line, which number is 902 902 902, from 8:00 a.m. to 12:00 a.m., where the customer may request all information that it requires on the available services, as well as the procedure to follow for filing any claim or complaint arising from the provision of services.


    6. Maintain the Ya.com Flat Rate Access Service operational for use during the schedule contracted by the customer, except for temporary interruptions due to maintenance operations thereon.


      Said interruptions shall be notified with sufficient advance warning, as far as possible, through the Service Access Page or by e-mail. The foregoing obligation shall not be enforceable against YA.COM in the event of force majeure, or if a drop takes place in the data network that serves as a basis for provision of the service, that is beyond its will or control.


    7. Maintain and ensure the secrecy of communications, unless there is a request from the governing judicial or administrative authority, in which case it reserves the right to provide the information required by these authorities without prior notice to the customer.

  1. 5.2 customer Obligations


    In effect from the Service Activation Date, the Customer shall be under obligation to:


    1. Maintain, where applicable, the Contract for the initial compulsory period stated in the conditions of the Commercial Offer entered into by the customer.


    2. To pay the amounts due for the Ya.com Flat Rate Access Service, such as they are set forth in the Commercial Offer contracted by the customer.


    3. Return the Applied Discounts to YA.COM in the event that this is applicable, by virtue of the provisions of Clause Seven of these General Conditions and in the Commercial Offer, whereby the customer contracts the Ya.com Flat Rate Access Service.


    1. To not use the Ya.com Flat Rate Access Service in contravention of the law or these General Conditions. The Customer is particularly prohibited from using the Ya.com Flat Rate Access Service for committing criminal acts, sending unsolicited advertising or marketing ("spam"), violating Intellectual Property, Patent and Trademark legislation and/or infraction of any legislation that may be applicable to the Customer's use of the Ya.com Flat Rate Access Service.


    2. To not use the Ya.com Flat Rate Access Service for resale, transfer or commercial development to third parties by the customer without the express written consent of YA.COM.


    3. Keep and protect the access passwords and customer identification name provided. The customer therefore assumes liability for all damages of any kind that may arise from breaking or disclosing said passwords. The customer may change the password at any time.


    4. To safeguard and preserve, where applicable, the wireless connection, assuming responsibility for the consequences of possible connections made by third parties in order to use the bandwidth contracted by the customer for Internet access or in order to access the information contained in the customer’s computer equipment.


Six. Term and Completion.

 

Term of the Contract is definite. Despite, it may have an initial compulsory term, which shall be stated in the Commercial Offer signed by the Customer, where applicable (hereinafter the “Initial Compulsory Period”), from the Service Activation Date. In this case, the contract shall be automatically renewed by periods of one year when it expires, unless the Customer gives express notice to the contrary at least FIFTEEN (15) days prior to the renewal date.

 

Once the Initial Compulsory Period has ended, where applicable, the customer may voluntarily ask for the account to be closed for the Ya.com Flat Rate Access Service, without having to return the Applied Discounts stated in Condition Seven, under the conditions stated in the following paragraph:

 

The customer may cancel their subscription to the Ya.com Flat Rate Access Service by giving at least FIFTEEN (15) days’ notice before the effective date of the cancellation, using any of the following procedures for this purpose: i) Notification in writing to YA.COM, to Post Box No. 1058, 28108 Alcobendas (Madrid), attaching a copy of their National Identity Document ii) By telephoning Customer Service on 902 902 886, providing their personal data (Name, Address, ID No., etc.), as well as stating their unequivocal wish to cancel the Service, following the instructions with which they will be provided iii) Through the space set aside for this purpose on the Customer Area Webpage, filling in the form provided for this purpose with their personal data and stating their unequivocal wish to cancel the Service, following the instructions with which they will be provided.

 

In the event the customer’s account is closed during the Initial Compulsory Period, where applicable, the Return of Applied Discounts shall apply, in accordance with the provisions of Condition Seven.

 

Cancellation of the Ya.com Flat Rate Access Service and, where applicable, of additional services, will come into effect fifteen days after the Customer’s request. YA.COM will reimburse the amounts corresponding to the service(s) charged from the effective cancellation date up until the last day of the invoicing period.

 

If YA.COM were to fail to comply with any of its obligations, the Customer shall notify YA.COM of said non-compliance immediately and reliably. After FIFTEEN (15) days have passed from the notice given without YA.COM having rectified the non-compliance, the Customer may choose to terminate the contract, without the need to return the Applied Discounts as referred to in Condition Seven. Both Parties agree that this shall be the only effect in the case of contract termination on these grounds.

 

YA.COM reserves the right to interrupt the Ya.com Flat Rate Access Service or immediately terminate the contract with regard to the customer, if it detects a use of this service that is contrary to these General Conditions, to the current legislation or in the event that the customer fails to pay any of the owed amounts.

 

Seven. Financial Conditions.

  1. 7.1 The Customer shall pay YA.COM the following for the provision of the Ya.com Flat Rate Access Service:


    1. An initial registration payment on the Ya.com Flat Rate Access Service, which shall be paid by the customer along with the first fixed monthly payment, without prejudice to what may be stated in the Commercial Offer entered into by the customer with regard to discounts on the payment of the initial registration payment.


    2. A fixed monthly payment, which shall be paid by the customer in advance of the monthly periods. This fixed monthly payment shall vary based upon the characteristics of the Commercial Offer of the Ya.com Flat Rate Access Service entered into by the customer.


    3. Expenses, where applicable, for consumption or volume downloaded, according to the type selected by the customer.


    4. In addition, the Commercial Offer entered into by the Customer may include the purchasing of Connecting Hardware, a Connecting Accessory and/or any other computer equipment by the Customer. The price of said devices may be included in the fixed monthly payment, which the Customer is under obligation to pay, or may consist of a single payment that shall be made only once along with the first fixed monthly payment. This is unless the Commercial Offer entered into by the Customer sets discounts in this regard, being conditional upon the Customer remaining with the service for an initial period.


    5. Subscription cost: YA.COM will charge no amount whatsoever by way of subscription cost.


    6. All payments by default shall be made by bank debit. Notwithstanding the foregoing, the customer may request, by making a telephone call to the customer Service line available at the number 902 024 084, to pay its bills through any other means of payment that are approved.


    7. The specified amounts to be paid by the Customer to YA.COM by way of joining fee, fixed monthly fee, consumption realised, if applicable, and, where applicable, Connection Hardware and/or Connection Accessory and/or computer equipment, will be those established for each Commercial Offer in the tables of rates published by YA.COM at all times through the URL http://www.acceso.ya.com/tarifas and will be invoiced by YA.COM to the Customer electronically in accordance with the legislation in force.


    7.2. If the customer fails to pay any of the aforementioned amounts, YA.COM reserves the right to temporarily suspend the Ya.com Flat Rate Access Service. After FIFTEEN (15) days have passed from the suspension of the Ya.com Flat Rate Access Service, without the customer having paid the owed amounts, YA.COM may suspend the Service finally, terminating the contract with the customer due to causes attributable to the customer.


    7.3. Returning of the Applied Discounts: In the event the Contract is terminated due to causes not attributable to YA.COM, whether due to customer non-compliance with its obligations thereof, or due to its voluntary request to have the account closed during the Initial Compulsory Period, the customer shall be under obligation to return to YA.COM the Applied Discounts. The formula for calculating the amount to return, such that the customer returns a lower amount if it has remained in the Contract longer, shall be by applying the lower of the amounts that are indicated below:


    1. • the amount equivalent to the sum of the discounts received by the Customer within the framework of the Commercial Offer, and tied to it remaining as a Customer for the Initial Compulsory Period, which shall be one year, unless otherwise stated in the Commercial Offer. For these purposes, the following shall be considered discounts: payment exemption on the registration amount for the Ya.com Flat Rate Access Service, making the connecting equipment available free of charge and any additional benefit that the contracted Commercial Offer may include;


      2. • or the amount of the remaining payments until the Initial Compulsory Period is complete.


    7.4. Non-Activation of the Service: In the case of non-activation of the Ya.com Flat Rate Access Service, due to the impossibility of delivering the Connecting Hardware due to causes attributable to the customer, after THIRTY (30) calendar days have passed from the first attempt at delivery of the aforementioned Hardware by YA.COM at the address indicated by the customer for these purposes at the time the contract is signed, the customer shall be under obligation to reimburse YA.COM for the expenses that YA.COM had incurred for registering it under the Ya.com Flat Rate Access Service, which sum shall be indicated for each Commercial Offer through the URL http://www.acceso.YA.COM/tarifas.


Eight. Responsibilities

  1. 8.1 Communications. YA.COM shall adopt and install the measures and technical means that are required by the current legislation, in order to guarantee the secrecy of communications and integrity of the service as they travel throughout the network of YA.COM.


    In accordance with article 14 of Law 34/2002 of July 11, regarding Information and E-Commerce Company Services, YA.COM shall not be liable for information transmitted by users through its network when the data has been provided by the end user of the service.

  1. 8.2 Service Quality. YA.COM undertakes to meet the quality levels for each of the services entered into by the customer, pursuant to the parameters and methods determined by legislation.


    YA.COM will reimburse the Customer for temporary interruptions to the service lasting more than 24 hours throughout the invoicing period, starting from the Customer’s notification and produced by causes attributable to YA.COM. The Client will receive the amount corresponding to the proportional part of the period of interruption of the service increased by 10%, although this reimbursement cannot exceed the amount corresponding to a monthly fee.


    The customer must request the application of the aforementioned reimbursement within two weeks of the end of the invoiced period. YA.COM will carry out its application in subsequent invoicing periods.

  1. 8.3 Temporary Service Interruptions.


    1. 8.3.1. When, during an invoicing period, the Client experiences temporary interruptions of the Internet access service, the operator must compensate the subscriber by returning the amount of the monthly quota corresponding to the Ya.com Flat Rate Access Service, in proportion to the length of time of the interruption. In this respect, YA.COM will be obliged to compensate the customer automatically in the invoice corresponding to the period immediately following the one in question, when the interruption supposes the right to compensation in excess of 1 Euro.


    2. 8.3.2. That set forth in the section above will not be of application when the temporary interruption is due to one of the following causes:


      1. i. Serious breach by the customer of the contractual conditions.


        ii. Damage caused to the network due to the connection by the customer of terminal units whose compliance has not been evaluated, in accordance with the legislation in force.


    3. 8.3.3. The compensation allowed for in this clause is understood notwithstanding the responsibility for damage caused to final users, which will be demanded in accordance with that set forth in article 102.3 of the Regulation concerning conditions for the provision of electronic communications services, universal service and the protections of users, passed by Royal Decree 424/2005, of 15th April.

  1. 8.4. Personal information. YA.COM has adopted all legally required security measures in order to protect the personal data provided by the customer.


  2. 8.5 Usefulness. The linking devices that YA.COM makes available to customers are only intended for facilitating their search for information available on the Internet. YA.COM does not guarantee that the service is suitable for performing any service beyond that being contracted, nor does it permit access to all Internet sites. YA.COM does not offer or market products and services available on linked sites, nor does it assume any liability for such products or services.


  3. 8.6 Use and Contents. YA.COM, which acts exclusively as a service provider, does not control the customer's use of the Ya.com Flat Rate Access Service.


    In this regard, YA.COM is not liable for the use and/or contents that the Customer may derive from the service, in contravention of the laws or these General Conditions. The Customer is solely liable for the consequences that its illegal use or use contrary to these conditions may involve, as well as the veracity and/or legality of the contents displayed in the Additional Services.


    If YA.COM were to discover, whether directly or through notifications or requests from third parties, the existence of contents that could violate the current laws or these General Conditions, or the use of Ya.com Flat Rate Access Service for fraudulent, criminal and/or unauthorised purposes, including Additional Services; YA.COM reserves the right to suspend the Ya.com Flat Rate Access Service in whole or in part of its own accord, including the Additional Services, without the need for prior authorisation of the Customer, by removing the violating contents or any other measure that it deems necessary to prevent the criminal act or detected infraction from continuing.


    In no case may the Customer make use of a transfer rate (bandwidth consumption), whether up or down, that is greater than what is authorised in the Commercial Offer entered into by the Customer. In this regard, YA.COM shall not allow the Customer to use either the ADSL connection or each and every one of the Additional Services for transmission and/or publication of elements, which by their characteristics such as size, format, etc., hinder the operation of the Additional Services.


  4. 8.7. Without prejudice to the foregoing, YA.COM reserves the right to make the administrative or judicial authorities aware of those events that could constitute an illegal activity, without the need to notify the customer beforehand.


  5. 8.8 Computer Viruses. YA.COM does not control or guarantee the absence of computer viruses in the services provided by third parties through its portal network, which may cause alterations in the customer’s computer system (software and hardware) or in the electronic documents and files stored in its computer system.

Nine. Intellectual and Industrial Property.

 

The Customer acknowledges that all images, designs, drawings, contents, logos, trademarks and any other product subject to protection in accordance with the applicable legislation on Intellectual Property, Patents and Trademarks, to which it could have access by subscribing to the Ya.com Flat Rate Access Service, are property of YA.COM or the third parties owning them. The Customer undertakes to use the Ya.com Flat Rate Access Service by observing these rights.

 

In no way does the customer’s entering into the contract for Ya.com Flat Rate Access Service imply any transfer of rights to the customer by YA.COM in the area of Intellectual Property, Patents and Trademarks. YA.COM prohibits the use of the Service in any way that directly or indirectly involves the contravention of the applicable legislation in the area of Intellectual Property, Patents and Trademarks. The customer is exclusively liable for these actions, as well as their consequences, and shall hold YA.COM harmless in all cases.

 

Ten. Amending the General Contract Conditions of the Ya.com Flat Rate Access Service.

 

YA.COM may amend these General Conditions or introduce new use conditions, in accordance with current legislation, after communicating this on the Access Page to the Ya.com Flat Rate Access Service and a notice to the end users affected, with an advance warning of THIRTY (30) days. These amendments shall only apply from the date of their entry into force.

 

The Customer may terminate the contract early without the obligation to pay any amount, in the event that it does not accept the new General Conditions or the amendments therein.

 

Eleven. Technological Modifications.

 

YA.COM shall be entitled to introduce as many changes to the Customer’s systems and facilities and/or its own networks that may be demanded by legislation, and/or to maintain and/or improve the technical service quality (provided these changes do not involve modifications to essential aspects of the contracted Service). In these cases, prior notice shall be given to the Customer.

 

Twelve. Protection of Personal Information.

 

As a result of the Ya.com Flat Rate Access Service contract, the Customer is aware and accepts that the personal information that it provides to YA.COM shall be subject to processing in a personal data file for which YA.COM is responsible. The purpose of this file shall be the administration of the contracted service and management of incidences related thereto. YA.COM likewise notifies the Customer, that due to the technical needs for providing the service, upon accessing the YA.COM server, it shall be assigned an IP number (under the service type entered into by the Customer), which shall record the times said server was accessed. Said IP number shall also be stored by Ya.com so that Ya.com may meet the aforementioned purposes, as well as the requests coming from authorities, who in the exercise of the functions appointed to them, request information regarding the Customer.

 

The delivery of all data required for the Ya.com Flat Rate Access Service contract is compulsory, given that it is necessary to obtain all this data in order to comply with the purposes stated in the above paragraph. In this manner, YA.COM may refuse to contract the Service to the interested party who does not provide such data.

 

Likewise, the customer gives their consent for the data provided by them to YA.COM within the framework of the contracted Service to be used by the latter for the following purposes:


  1. -Management of the Customer Loyalty Programme (which may include the delivery of gifts, processing of special offers for customers, YA.COM news items, etc, which may be sent via the postal service, e-mail, SMS and/or MMS).


  2. - The sending by YA.COM of commercial information concerning YA.COM products and/or services (telecommunications services, information society services and electronic commerce regarding photography-related products) whether by post, e-mail, SMS and/or MMS.

The Customer may withdraw their consent for the use of their data for any of the purposes described in the two paragraphs above, as well as exercise their right to access, rectification or cancellation, and/or opposition, by sending a letter signed by themselves to the following YA.COM address: Paseo del Club deportivo, 1 Edificio 8 28223 Pozuelo de Alarcón (Madrid), addressed to the Legal Advice Department with the reference “Data Protection”, attaching a legible copy of their National Identity Document and indicating the address to which YA.COM may send confirmation that it has met their request, or where applicable, the motives that prevent it from fully carrying out the said request.

 

Thirteen. Notifications.

 

All notifications, including communiqués of the Customer's account being closed for the Ya.com Flat Rate Access Service, shall be sent to YA.COM, to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid).

 

Fourteen. Claims.

 

YA.COM has a Customer Service Centre, which purpose is to attend to and resolve complaints and claims, and any contractual incident raised by the Customer, which the Customer may address.

 

This Customer Service Centre, shall provide the Customer, free of charge, a reference number for the incident raised by the Customer for any claim, complaint or request made.

 

The Customer is likewise informed of its right to request a document from the Customer Service Centre that certifies the filing and contents of the complaint or claim, through any support that allows this certification.

 

Claims may be filed through the 902 902 902 phone number (or the number that may replace it, where applicable), by ground mail to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid) or by e-mail to acceso@ya.com.

 

The Customer shall prepare its complaints or claims within the period of one month from the time that it is aware of the event resulting in the complaints or claims. Having prepared the claim, if the Customer had not obtained a satisfactory response from YA.COM in the period of one month, it may turn to the channels indicated in the following sections.

 

The Customer may direct its claim to the Consumption Arbitration Boards, under the terms set forth in their regulatory laws.

 

In the event that the Customer or YA.COM do not submit to the Arbitration Boards, it may approach the State Ministry of Telecommunications and for the Information Society, within the period of three months from the operator's response or the end of the period to respond.

 

The Customer may also address the governing courts of the regular jurisdiction that applies.

 

Fifteen.- Languages of General Contract Conditions

 

These General Contract Conditions are available in Spanish, Catalan, Euskera, Galego and English.

 

In the event of a conflict between the English and Spanish version, the Spanish will control.