WEB GENERAL CONDITIONS OF USE

1. This document establishes the General Conditions of Use of www.optenet.com (hereinafter, the website), as well as the contents and/or services made available through it, of OPTENET, S.A. (hereinafter, «OPTENET»), VAT number A-20595500, with business address in San Sebastián, Pº Mikeletegui 58, 1ª planta, Parque Tecnológico de Miramon, Edif. B8, and inscribed in the Mercantile Register of Guipúzcoa, Book 1645, Folio 204, Section 8, Sheet SS-13061.
2. OPTENET reserves the right to modify these conditions without prior notice. Therefore, prior to every access to the website, its contents and/or services, the User commits to read these conditions carefully, as well as –if required- those regulating certain contents and/or services (of preferential application if in contradiction with these ones), so that all the conditions with their modifications shall be deemed to be accepted every time the website, its contents and/or services are used.
   
   In order to use any of the contents of the web page or the services offered therein, minors shall have prior authorization from their legal representatives, who shall assume any responsibility that may arise from the actions carried out by such minors.
   
   In any case, the User is recommended to exercise a reasonable control over the contents to which their children or other minors may have access through the web page.
3. These General Conditions of Use are meant to regulate the access to and use of the contents and tools provided by OPTENET to the User through its website, being the legal framework that develops the contractual relationship at no cost.
   
   The regulations for acquiring the products and services offered by OPTENET, whether in exchange of a consideration or at no cost as determined in each case, shall be ruled by the General Conditions of Contract (link) and by the conditions established in the Offers of each one of them, which shall be accessible on the website. The products, services, contents and/or tools that so require it due to their legal nature shall be subject to the relevant Licences of use.
4. The User is solely responsible for the use of the website and commits to respect the conditions in force at each time, the law and the uses generally accepted, refraining from having inadequate behaviours, which will prevent or make difficult the normal functioning of the website, its contents and/or services, or that otherwise put at risk or harm the rights and interests of OPTENET and/or third parties.
5. The goal of the offer of contents and services available in this website is not to adapt to the specific needs of the User, so no usefulness or availability are guaranteed, and OPTENET may change their presentation, configuration, appearance and way of provision of services at any moment and without the need of giving prior notice.
   
   NOTE. WARNING. Since OPTENET services may be hired via web, it is advisable that OPTENET has its web updated as far as those services are concerned.
   
   Given the current status of technology, OPTENET cannot guarantee the absence of viruses or other harmful elements in the programs, files and contents made available. It is, in any case, the User's responsibility to verify, control and update the adequateness of their equipment, operating system and navigator in order to have effective and secure access to the website, their contents and/or services.
6. OPTENET does not supervise, approve, control, promote, market or appropriate the data, contents, services or products of those websites or pages giving access to this website or any of its pages, or of those where the User may have access through any directory, search engine, link device or mechanism provided herein.
7. All the contents, information and elements comprising this website are protected by rights owned by OPTENET or third parties. Except in that strictly necessary for private and not commercial use of the website, its contents and/or services, their availability does not mean a transfer of any right to the User, being expressly forbidden their reproduction, distribution, public communication, availability, alteration, transformation or any other way of direct or indirect exploitation with no legal cover or specific authorization of the relevant owner, whether original or derivative.
   
   If any User or a third party consider that any of the contents of the web page harms their copyrights or patent rights, they shall send a notice to the address xxxxxxxxxx with the following information:
   1. Full name, postal address and e-mail address of the affected party or, as the case may be, of the person authorized to act on his/her behalf, indicating in what capacity he/she holds such representation (hereinafter the claimant).
   2. A claimer's statement claiming to be the owner of the purportedly broken rights, including his/her signature, whether physical or digital.
   3. A precise description of the contents protected by the purportedly broken copyrights, as well as their exact location within the web page.
   4. The claimant's express statement asserting that the use of the contents has been made without the consent of the owner of the purportedly broken rights.
8. The simple access to the website, its contents and/or services does not require the User to provide any personal data. Notwithstanding the above:
   1. In the cases where OPTENET collects or receives personal data from the Users/Clients, they will be treated according to the Data Protection Clause, included in OPTENET's General Conditions of Contract (include a link to the text of the General Conditions).
   2. Every time a User navigates through the website, OPTENET registers the IP address that the User's Internet access supplier has assigned to him/her for that session, for internal, merely statistic, purposes; to do that, OPTENET uses the tools of Google Analitics, which description and privacy policy are available on www.google.com/analytics/es-ES/.
      
      Moreover, OPTENET informs the User that, in order to carry out such measurements, cookies are used. "Cookies" are codes that the server introduces in the hard disk of the computer from where the User-Client has access to any of the services of the web page. Associated to the computer, the "cookies" do not provide personal data of the client, who remains anonymous, nor allow to have access to other data stored in the computer's hard disk.
      
      If not in agreement with the use that OPTENET makes of his/her IP address and his/her cookies for the aforementioned statistic purposes, the User may request his/her exclusion from the measurements through xxxx (mention the opt out device, whether through OPTENET or through GOOGLE).
   3. In those services requiring prior register of the User, OPTENET shall use "cookies" for the purpose of making the rendering of the services offered quicker, being the use of "cookies" fundamental to have access to the services provided by OPTENET. For that reason OPTENET informs the User that if they have configured their computers to not receive them, they shall not be able to have access to the services provided by OPTENET through its website.
9. To contact OPTENET, transmit any doubts, remarks or suggestions or report any incidences in relation with this website, its contents and services, the User/Client can write to xxxxx@optenet.com.
   
   The personal data received by reason of such contact shall not be included in any file of personal data, being removed once the consultation or request has been attended.
10. The temporal validity of these General Conditions coincides, therefore, with the time of their exposure, until they are modified, totally or partially, when the modified General Conditions shall come into force.
11. Regardless that stated in the General Conditions of Contract or in the different offers of any of its products or services provided through the website, OPTENET may terminate, cancel or interrupt, at any time and without prior notice, access to the contents of the website, with no possibility by the User of claiming any indemnity whatsoever. After such termination, prohibitions of the use of the contents stated above herein shall remain in force.
12. If any provision or provisions herein are deemed null or inapplicable, whether totally or in part, by any court, tribunal or competent administrative body, such nullity, or impossibility of application shall not affect the rest of the provisions of the general conditions, or the particular conditions of the different services of OPTENET.
13. The failure by OPTENET to exercise or execute any right or provision contained herein shall not constitute a waive thereto, except in the case of written acknowledgement and agreement made by OPTENET.
14. These General Conditions of Use are ruled by the Spanish law and replace any prior ones. The relationships established between OPTENET and the User shall be ruled according to that provided in the regulations in force regarding applicable legislation and competent jurisdiction. Nevertheless, for those cases where the User resides outside Spain, or when the regulations foresee the possibility for the parties to submit to a jurisdiction, OPTENET and the User, expressly waiving any other jurisdiction that may correspond, submit to the courts and tribunals of the City of Madrid.