Conditions of use of the web page
1. Web purpose
These conditions are subject to the Spanish regulations in force. For any kind of controversy derived from the use of the services offered or the contents of the web, the parties, after accepting these Conditions, shall be subject to the Courts and Tribunals of the City of Madrid (Spain).
FIBERNET is a commercial company whose main activity consists in the design, manufacture and trade, on its own name or by third parties, of communication and electronics elements and equipment, as well as their import and export, to and from the Spanish market, and equivalent operations among third countries, promoting research and the corresponding trade, complying with all the legal formalities.
FIBERNET facilitates USERS the access and use of different services and contents, placing at the USER’s disposal information and data (hereinafter, Contents) through the web, which may have been supplied both by FIBERNET and by third-party individual and/or corporate persons.
The access to FIBERNET’s web is free, without prejudice to the contracting of services, which shall be governed by the particular conditions established in the web page.
Those USERS who access FIBERNET’s web know and accept the general conditions expounded herewith of each version offered of the web and any modification of these; users shall access the web regularly in order to become aware of them.
2. Web access
FIBERNET shall not be responsible for any fault, malfunction, impairment and data or software deletion occurred in the users’ equipment or systems as a direct or indirect result of accessing its web.
3. Web contents
In the web, FIBERNET shall use the Spanish and English languages, without prejudice of using other languages, both national and autonomic, freely and without any previous notice. FIBERNET shall not be responsible for the lack of comprehension or understanding of the web language by users, nor for its consequences.
FIBERNET may modify the contents without previous notice, as well as deleting and changing them within the web, not being liable for the consequences that may affect users.
All this web site: text, images, brands, graphics, logos, buttons, software files and color combinations, as well as the content structure, selection, arrangement and presentation, is protected by the Intellectual and Industrial Property laws.
Therefore, all the industrial and intellectual property rights of the web, and the contents held in it belong to FIBERNET or, when appropriate, to the appropriate third parties. Any use of the web or its content shall be for private purposes exclusively. It is exclusively reserved to FIBERNET any other use that involves the copy, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the web page, as well as it itself; no user shall be entitled to perform these actions without a previous written authorization by FIBERNET or the third-party owner of the industrial or intellectual property rights.
It is not permitted to use brands or commercial names, as well as any other identification sign subject to industrial or intellectual property rights, without the previous express and written authorization of its owner.
It is forbidden to carry out any action that prevents or hinders users to access the web, as well as the hyperlinks to third-party services and contents offered in the web and, specifically, the use of FIBERNET as a meta-tag, or to use it, in any way, to attract users to webs different to this or hinder or discourage its use.
FIBERNET shall not be responsible for the reliability and rapidity of the hyperlinks incorporated in the web to other webs. FIBERNET does not guarantee the utility of the web regarding its links to other webs, nor is responsible for the contents or services users may access through such links or their proper operation.
FIBERNET shall not be responsible for the viruses or other computer programs that impair or may impair the computer systems or equipment of the users when accessing the web or other web accessible through links of FIBERNET’s web.
4. Web users
Those users who gain access to FIBERNET’s web, shall do it according to laws, morals, proper conduct and public order, and shall be obliged at all times not to access the web or the contents in a form contrary to that established and/or for any unlawful purpose, detrimental to third-party rights and liberties, or that may hurt, damage, impair or slow down the web, to the detriment of FIBERNET or other users. Users shall refrain from copying, distributing, releasing, transforming, modifying or tampering the contents.
FIBERNET ‘s web does not offer users products or services where they may introduce any kind of content or information, such as news groups, chat, personal webs or others. However, FIBERNET’s web offers users an email service so that they may get in touch with FIBERNET, and they commit themselves to use such email service according to the laws, costumes and usages and public order. Users, when using products and services where they provide information or contents, shall refrain from violating any fundamental rights and public liberties, inciting or promoting criminal, xenophobe, terrorist or gender degrading representations or acts, releasing pornographic contents or services or defending violence.
The access to web contents by users shall be under his entire responsibility and FIBERNET shall not be responsible for any consequence direct or indirectly derived from the web access, whether they are physical, logical, moral or personal. FIBERNET may hold users responsible for any improper use of the web or any damages to third parties, as well as any possible virus or computer programs that may introduce, generate, host in the web and impair or may impair its contents and its proper operation; as well as the equipment, systems and programs of web users.
FIBERNET may go against users with regard to any claim, compensation, fine or administrative penalty imposed to FIBERNET under the direst or indirect responsibility of any user who introduces a content or uses any web service without due diligence.
All the users who are aware of any action that is impairing the proper operation of FIBERNET’s web or modifying or altering its contents, shall report this situation to FIBERNET.
FIBERNET reserves the right to use the so-called “cookies” in any kind of usage of the web. However, USERS shall be informed of the possibility of refusing such use in their computer terminal.
Both the USER and FIBERNET are obliged to make use of the Services pursuant to the Unwanted Marketing Policy and, particularly, they commit themselves to:
- Do not send unauthorized threads of emails.
- In the cases of advertising mailing by Fibernet to users, they shall be sent with the word "advertisement" to avoid errors.
Those links or hyperlinks that incorporate addresses to this web may not express, directly or indirectly, false, inaccurate or confused indications and shall only access the pages without copying or reproducing them totally or partially, nor incurring in unfair or unlawful actions against FIBERNET, as well as expressing any representation or action that may lead the persons who access the web through the hyperlink to error or confusion. The web shall only include hyperlinks exclusively limited to the access to the home page; and they shall not be entitled to reproduce FIBERNET’s web (frames) or the hyperlinks accessible through it totally or partially in another web.
It is forbidden to use the contents, partially or totally, to promote, sell, hire or release advertisements and self-owned or third-party information without FIBERNET’s authorization, nor send advertisements or information taking advantage of the services or information placed at the users’ disposal, regardless of whether such use is free of charge or not.
USERS’ access to FIBERNET’s web does not involve any obligation or guarantee on behalf of FIBERNET.
In order to access the web, the USER must have an access to the Internet Network, pay the appropriate access and connection rates and have the computer equipment and systems necessary to connect the Network, including an appropriate Terminal for that purpose (computer, telephone, etc.) and a modem or another similar access device. FIBERNET shall not be liable at any time for the proper operation of such equipment, nor for the rights of use or the licenses required for its utilization.
For the correct access and use of certain contents and services of the Portal, it may be necessary to download certain computer programs or other logical elements in the computer equipment. Such installation shall be borne by the USER; FIBERNET declines any kind of liability that may derive from it.
FIBERNET reserves the rights to suspend and cancel access, as well as to modify, limit or cancel all or any of the terms and conditions applicable to the web site, giving notice through the introduction of a pop window that shall open automatically after accessing the page. FIBERNET shall not be responsible for the quality and speed of web access, and users shall not be entitled to claim any compensation for damages.
The service provided by FIBERNET through its web shall be for an indefinite term, and it shall be entitled to suspend the provision of such service without any justified reason or cause and without previous notice.
Minors must request and obtain permission from their parents, tutor or legal representative before having access to the services and/or contents incorporated to the web. The access and use of the portal is forbidden to unauthorized minors.
FIBERNET informs that there are computer programs that permit sorting and blocking the access to certain contents and services, in such a way that parents, for example, may decide which are the web contents and services to which their children may have access and which not.
These general conditions of use of the services offered at the URL www.fibernet.es, (hereinafter, the web), have been signed by FIBERNET, S.L. (hereinafter, FIBERNET) and, on the other hand, by the USER.