TERMS AND CONDITIONS FOR THE SIMPLE WEB TV "CDN STREAMING" SERVICE.

ENGLISH TRANSLATION
This is a translation of the Terms and Conditions originally issued in Spanish. In the event of a discrepancy, the Spanish-language version prevails.

IMPORTANT. READ CAREFULLY:
These terms and conditions is a binding contract between You (whether natural person or legal personal/entity), hereinafter the "CLIENT", and Rafael Laudo Lemos ( hereinafter the "PROVIDER") respect to the "CDN Streaming" service (hereinafter "SERVICE"). YOU ARE BOUND BY THESE TERMS AND CONDITIONS BY MAKING USE OF THE SERVICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MAKE USE OF THE SERVICE.
The CLIENT, by purchasing the SERVICE accepts and declares that understands and is familiarized with: the purpose, applications, terms, definitions, meassurement units, limitations and all aspects related to the SERVICE offered by the PROVIDER. In this regard, the CLIENT declares that he/she have had the opportinuty to contact the PROVIDER in order to clearify any doubt he/she might have, previous to purchasing the SERVICE; and in case he/she contacted the PROVIDER, any doubt was successfully answered, thus he/she decides to purchase the SERVICE from the PROVIDER.

SERVICE
- Each SERVICE pack includes a maximum amount of traffic, expressed in Gigabytes (GB), that can be used during the time period of one month (calendary month) +/- 1 day. The cost of the each pack is indicated in the PROVIDER Website.
- The SERVICE start date correspond to the date when the activation E-Mail is sent, with the necessary information to access and use the SERVICE. The SERVICE end date will be specified in the activation E-Mail.
- The total traffic usage (GB) is the calculation of the upload plus the download traffic.
- The SERVICE is considered ended when:
     - The SERVICE reach the end date +/- 1 day. If, by the end date of the SERVICE the CLIENT has not used the traffic included in the purchased SERVICE pack, then remaining traffic will be lost and will not be accumulated with other purchases.
     - The maximum traffic included in the purchased SERVICE pack has been used.
- "One-time payment": This term means that once the SERVICE ends, the CLIENT is not obliged to purchase another SERVICE pack.
- New purchases: It will only be possible to purchase a new pack once reached the SERVICE end date +/- 1 day. If the CLIENT has used all the bandwidth included in the purchased pack and needs to purchase more, the additional bandwidth must be purchased at the "cost per additional GB" rate indicated in the PROVIDER Website, and with a minimum purchase of 50GB. Once reached the SERVICE end date +/- 1 day then the CLIENT will be able to purchase a new pack, any pack among the available ones in the PROVIDER Website.
- The PROVIDER offers the CLIENT a non-exclusive, non-transferable, right to use the SERVICE.
- The PROVIDER is authorized to reject or limit the SERVICE access when the SERVICE has ended or when the CLIENT has made an inappropriate use of the SERVICE.
- The PROVIDER supplies the CLIENT with a statistic tool to monitor the SERVICE usage (traffic).
- The PROVIDER reserves the right to modify the SERVICE conditions any time, without notice.
- The PROVIDER reserves the right to sell, or not to sell the SERVICE to any individual or business, at its absolute discretion.
- The PROVIDER reserves the right to cancel an order/sale for any reason. In case the PROVIDER takes such decision and payment for the caneled order/sale has been made, and effective, a full refund will be issued.

OBLIGATIONS OF THE PROVIDER
- The PROVIDER makes every effort as a good service provider to bear responsibility for providing the CLIENT the SERVICE, with the offered performance and features.
- The PROVIDER can not guarantee unobstructed access to the SERVICE and the internet, or that the PROVIDER SERVICE can be used at all times, or that the PROVIDER SERVICE is free from defects. However, the PROVIDER makes every effort to reduce, as much as possible, any kind of service interruption.

OBLIGATIONS OF THE CLIENT
The CLIENT is obligated to:
- Supply valid, real and true information to the PROVIDER.
- Adopt an atitude and behaviour according to what it could be expected from a responsible and careful CLIENT.
- Inform the PROVIDER, in writing, respect any relevant detail that affects the SERVICE, as well as possible SERVCIE problems.
- Not cause any damage or harm the SERVICE, its infrastructure or other CLIENTS.
- Make use of the SERVICE without violating any relevant legal provisions, as well as the SERVICE conditions. These include, but not exclusively, the following acts and conducts:
- Violating copyright publications or other intellectual rights of ownership of third parties.
- Making public or spreading child pornography.
- Sexual intimidation or harassment any other kind.
- Hacking: breaking into other computers or computer systems on the internet.
- Terrorism.
- The CLIENT is not allowed to pass on its SERVICE´s use and access information, or other rights resulting from these conditions, to third parties, unless the PROVIDER has explicitly granted permission - in writing - for this.
- Without prejudice to the above, the CLIENT is permitted to use and integrate the SERVICE into third party Web designs/Websites. The CLIENT remains responsible for the use of the SERVICE as well as the SERVICE´s use and access information.
- The CLIENT bears the responsibility for the necessary hardware and software, configuration, peripheral equipment and connections in order to make access to the SERVICE possible.
- The CLIENT guarantees the PROVIDER that he or she is authorized to comply these conditions.

LIMITED WARRANTY
– The SERVICE is offered as a generic purpose, and not for the particular purpose of any CLIENT.
- The PROVIDER does not guarantee unobstructed access to the SERVICE, or that the SERVICE can be used at all times, or that the SERVICE is free from defects.
- The PROVIDER commits to make every effort to solve any problem related with the SERVCIE.

OTHER WARRANTIES EXCLUSIONS
Without detriment to the previous warranty, as well as other warranties enforced by regulations specified in the applicable law, the PROVIDER provides the SERVICE "as is" with all faults and expressly excludes all warranties, conditions and other terms, either express, unwritten or implicit (by regulations or jurisprudence, by analogy or by any other way), either verbal or written, including, without limitation, implicit warranties of satisfactory quality, suitability for a particular purpose, performance, security, integration and merchantability, respect the SERVICE.

SERVICES OF THIRD PARTIES
The PROVIDER is dependent on services or networks of third parties for its SERVICE, for instance, network infrastructure, servers, etc. In this case the customer usually enters two different agreements: 1 with the PROVIDER and 1 with the third party. The PROVIDER not liable for damage of any kind, direct or indirect, or on account of anyone, caused by services or networks of third parties,

SERVICE MANAGING AND MONITORING
- The PROVIDER is authorized to (temporarily) closedown the SERVICE without notice, or to limit its use if necessary for maintenance or adjustments or improvements of the SERVICE by the PROVIDER; in these cases the CLIENT is not entitled to damages from the PROVIDER.
- 24-hour a day monitoring and management of the SERVICE cannot be guaranteed.

COMPLAINTS
- The PROVIDER only deals with complaints that relate to the PROVIDER and/ or conducts or doings of CLIENTS.
- The PROVIDER will make every effort to deal with complaints related with its SERVICE. The CLIENT can file a detailed complaint by E-Mail within 3 working days. If possible, the complaint will be attended to by the PROVIDER within 3 working days after the complaint has been reported.
- The PROVIDER will make every effort to deal with complaints regarding doings or conducts of CLIENTS with its SERVICE. The CLIENT can file a detailed complaint by E-Mail within 3 working days. If possible, the complaint will be attended to by the PROVIDER within 3 working days after the complaint has been reported.
- The CLIENT liabilities remain in effect when in the process of filing a complaint.

INFORMATION GATHERING AND USE.
- The information gathered by the different forms is stored in a private database, not accessible from the Internet. This information is used to contact CLIENTS when necessary, issue invoices and, occasionally, to send promotional material about products and services related to the PROVIDER. CLIENTS can exercise their right of withdrawal by writing to the email address info @ simplewebtv. com (no spaces between).
- The CLIENT accepts that the PROVIDER can gather and use, in accordance with the applicable law, all the gathered technical and statistical information, related with the SERVICE. The PROVIDER will use this information to improve the SERVICE and to identify potentional SERVICE problems. The PROVIDER will not disclose the information to third parties.

LIMITATION OF LIABILITY
Without detriment to the previous warranty and to the extent not prohibited by law, and with the exception of willful misconduct or negligence, the PROVIDER shall not be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the SERVICE, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the PROVIDER has been advised of the possibility of such damages. In any case, the total responsibility of the PROVIDER derived from any clause of these conditions will be limited to the amount the CLIENT paid for the SERVICE. These limitations won´t be applicable to the liabilities not excluded as a consequence of the applicable law.

TERMINATION.
Without detriment to any other right, the PROVIDER may terminate this contract, as well as the SERVICE, in case of breach of contract on the CLIENT´s part of these terms and conditions.

EQUIVALENCES
- "TB" = Terabyte abbreviation. 1TB = 1000GB.
- "GB" = Gigabyte abbreviation. 1GB = 1 000 000 000 bytes.
- "Kb" = Kilobit abbreviation. 1Kb = 1000bits.
- "Kbps" = Kilobits (Kb) per second (ps) abbreviation.
- 1 Byte = 8 bits.
- Bit definition: http://en.wikipedia.org/wiki/Bit
- Byte definition: http://en.wikipedia.org/wiki/Byte

INDEMNIFICATION
The CLIENT indemnifies the PROVIDER from all claims of third parties relating to damage or otherwise, to any extent caused by the CLIENT of the SERVICE, the system or internet, or in case of the CLIENT's non-compliance of these conditions.

FORCE MAJEURE
Force majeure includes all external forces that, in all fairness, cannot be foreseen, and result in PROVIDER not being capable of fulfilling its obligations to its CLIENTS. Below, among other things, but not exclusively, are recognized faults in the connections with the internet, malfunctions in the telecommunication infrastructure, malfunctions in networks and systems.

APPLICABLE LAW
– This contract will be ruled by the Spanish laws. Any claim or dispute between the CLIENT and the PROVIDER that arises in whole or in part from the current contract shall be decided exclusively by a court of competent jurisdiction located in Valencia, Spain. If you have any doubt related to these conditions or if, for any reason, you want to contact the PROVIDER, visit the PROVIDER in the World Wide Web at https://www.simplewebtv.com. If you have any complaint regarding this warranty, please send a written notification to Rafael Laudo Lemos,C/Obar 10-4, Benetusser, 46910, Valencia, Spain, indicating the relevant information to be identified in this document, the SERVICE purchase date as well as your complaint. The PROVIDER will contact you in the next seven (7) days after receiving your written notification.

Ver.20120526