This is a legal and binding agreement between you the Customer, and Technology Services RPVW S.L. Hereafter known as The Company; trading under its own name or through or under the trading names and/or associated websites of one or more of the following; PsiHosting Mallorca, PsiSoftware Mallorca, PsiMarine, DancersUnited, YachtingDirect and ResidentsDirect.

By using, installing or accessing the The Company websites, the Services and certain Products that are offered, as our Customer, you agree to all of the terms and conditions of this agreement. If you do not agree to these terms posted on the The Company web site, all services will be discontinued, activation of the account will cease and your account terminated.

END USER LICENSE AGREEMENT

LICENSE GRANT.
Subject to the provisions contained herein and payment of any applicable fees, The Company hereby grants to you a non-exclusive, non-transferable, license to use its accompanying services and/or software application products offered on the The Company web site for your own use.

RESTRICTED USE.
All rights not expressly granted herein are retained by The Company and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the offered services or any Software. Customer shall not rent, lease, transfer or sub license any service or supplied Software. Customer shall not under any circumstances permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or
(ii) prepare derivative of the Software or
(iii) remove any product identification, The Company, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of The Company's notices regarding The Company's, trademarks and other proprietary rights as contained in the Software originally provided to you.

TITLE.
The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in The Company and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Spanish or other law. This License does not give Customer any rights to such content.

LIMITED WARRANTY.
The Company warrants to the Customer, for a period of thirty (30) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will reinstall any software application if such software is found to be corrupted for any reason, and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in its documentation.

This warranty specifically excludes software directly installed or supplied by the Customer irrespective of what media the software was supplied on. Such warranties are for the Customer's benefit only and are not transferable.

The Company does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed "as is" and The Company specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory non infringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.

DOMAIN NAMES (URL)

Domain Names (URL) are wholly owned by the Customer, and the Customer shall be exclusively responsible for any costs, including but not limited to, renewal, transfer, administrative fees or any additional services or fees that either The Company or the Domain Name Registrar provides or levies.

The Company shall, in no way, be held responsible by the Customer or any third party for any costs, loss of business income, additional or out of pocket expenses or for the loss or suspension of their website or services due to the failure by the Customer to update the information pertaining to, renew or transfer any Domain Name (URL) within the allocated time period as specified by the Domain Name Registrar, nor for any costs, however incurred, due to disputes and/or third party claims against the domain name including, but not limited to, violation or infringement of a third party trademark, tradename, copyright interests or other legal rights of third parties, nor for any costs, however derived, resulting from litigation or disputes arising from the domain being used for any purpose that can be deemed to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, immoral or illegal in any respect. 

Requests, contracts, instructions or orders from the Customer to The Company to renew, transfer, purchase or perform any other operation on a Domain Name (URL) on their behalf shall carry no provisions on behalf of the Customer that the Domain Name (URL) is either available to purchase, transfer, renew or perform any other operation on, nor that time is the essence of the request, contract, instruction or order.

No purchase or transfer or any other operation relating to a Domain Name (URL) shall be undertaken on behalf of the Customer by The Company until such time as any fees payable against such an intended operation have been received in full and The Company makes no guarantee of success either implied or stated as to the successful purchase, renewal or transfer or any other operation pertaining to the Domain Name (URL) and that any fees, costs or additional expenses are, under no circumstances, refundable to the Customer irrespective of the success or failure of the operation.

ADVERTISING

Advertising services offered on any of the The Company websites and the extent of the relationship between The Company and the third party; is limited to any contractual agreement concerning advertising placements on The Company's web sites and are subject to the following conditions:

The Company shall not, in any way, be held responsible for any results generated by third party search engine software, misuse of displayed data by any third party, costs, loss of business income, additional or out of pocket expenses incurred as the result of advertising displayed on any of its websites. It is understood that any information contained within a advertising entry will become a matter of public record as soon as it is posted to the web, and copies may exist outside of the control of The Company even after the entry has been withdrawn.

The Company does not endorse and are in no way responsible for the accuracy of any displayed details or claims of advertisers or listed companies or individuals or those pertaining to the content, functionality of websites, pages or information displayed by third party links.

The Company disclaim all other legal, fiscal, commercial or morel relationships with any third party advertised or listed on any of its websites, either implied or stated, nor to represent the third party in any way (unless otherwise indicated).

Any third party site that is displayed as a link from any of The Company's websites may, at any time, request that any or all links be removed.

Third party sites wishing to include a link to any of the pages contained within The Company's websites must obtain prior written consent from The Company.

The Company reserve the right at any time and without prior notice or disclosure of grounds; to rescind permission for third party sites to include links to The Company's website pages.

The Customer agrees the information supplied in an order, or entered via an on-line form or any other means of communication can be used for public display on the Internet unless it is specifically stated that such information is for billing and record purposes only.

The inclusion, formatting, page entry, sizing and positioning of any promotional advertising and listings are wholly at the discretion of the The Company.

Free advertising and listings, however displayed, on any of The Company's websites or promotional or advertising media are, on behalf of companies, traders and individuals based in Mallorca and may be displayed for a period not exceeding 1 year.

Promotional advertising and listings, however displayed, on any of The Company's websites or promotional or advertising media, on behalf of companies or entities outside of Mallorca, or Premium, Page, Pop-Up, Runner, Banner or Logo (whether dedicated, shared, static or animated) advertising are, in all cases, considered commercial and the relevant fees are applicable.

BILLING POLICY

The Company will activate the Customer's web-hosting account or paid advertising entry only after the registration forms have been completed to the extent of satisfying the fiscal authorities in Spain which includes the submission of a valid fiscal identity number or passport number.

Should any invoicing or supplemental invoicing remain unpaid after the 14 days credit limit, The Company reserves the right to suspend any web hosting, advertising or other services until such time (for a period not exceeding an additional 30 days) as the outstanding amount has been settled in full plus a supplemental administrative fee of 20 Euros plus IVA. If no payment has been received within the allocated time period, The Company reserves the right to cancel any prior agreement or contract with the Customer and permanently delete any related content.

Cancellation of web hosting or advertising account by the Customer does not absolve the Customer of any unpaid invoicing pertaining to prior use or services rendered.

The standard period of billing for a web hosting account is payable one year in advance unless otherwise stated as part of a promotional or other fixed payment plan. All invoices are subject to a 14 day credit limit after which time they will become overdue for collection.

Any operation relating to Domain Names (URLs) shall be invoiced on the date they fall due or are ordered and are subject to the standard 14 day credit limit. (Please note that The Company will take no action regarding any requested operation on Domain Names (URLs) until such time as any invoicing pertaining to such operation has been paid and received in full and that under no circumstances will any fees, costs or additional expenses be refunded to the customer irrespective of the success or failure of the operation).

The Company shall, in no way, be held responsible by the Customer or any third party for any costs, loss of business income, additional or out of pocket expenses or for the loss or suspension of their website or services due to the failure by the Customer download or read any eMail notification sent to them by The Company, nor for any eMail delivery failures due, but not limited to, third party internal or external eMail handling, filtering or routing or service outages.

It is the Customers responsibility to inform The Company of any changes to their details as recorded on the registration and billing information forms. The Company will not be held liable for any loss or damages incurred by the Customer for failing to provide accurate and up-to-date information.

In no case will any setup fee be refundable to the Customer in the event of the Customer choosing to cancel the agreement with The Company, and any additional costs incurred by The Company on the Customer's behalf may also be deducted from the balance to be refunded to the Customer .

The Company reserves the right to suspend or cancel any agreement or contract if the content of the Customer's web site, domain name, e-mail name or advertising entry is considered to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, immoral or illegal in any respect. Such decision is wholly at the discretion of The Company and is not open to arbitration.

All pricing and/or invoicing generated by The Company are subject to the inclusion of any relevant sales, value added or other taxes, as are applicable under the current fiscal legislation in Spain.

TERMS OF SUPPORT

You should log in to your account and use the Helpdesk button and submit a support ticket - please give us as much detail about your query as possible.

This service is free to all Customers of The Company.

The free support via the help desk is limited to enquiries regarding the normal use and configuration of your hosting account, your invoicing and orders and for web based applications you have purchased directly from The Company or one of its associated trading partners.

We do not offer free support on 3rd party software nor on general questions on computer end-user operation or maintenance.

Paid for support may be obtained by the following means:

Send Postal Mail to:

Technology Services RPVW S.L.
C/ Constitucio 48 - Baja
Alaro
Mallorca, Baleares, ES-07340
Spain

Or, use telecommunications:

Phone: +34 971 518362
Fax: +34 971 518368

Or, use the 'Contact' button and send us a message from this control panel.

Please Note:

In order to protect our clients from unauthorised access or disclosure of sensitive information, due to the recent increase of "telephone phishing" scams Support will attempt to verify the identity of the caller by asking for the following information (Calls may be recorded):-
1) The callers Customer ID Number
2) The callers PsiHosting Mallorca control panel User Name

Any support other than by the 'Helpdesk' method may be subject to charges applied to your account of €1.00 Euro / Min. + IVA (Minimum charge €20.00 Euros + IVA)

COPYRIGHT MATERIAL AND TRADEMARKS

The Company shall not be held responsible for any disputes or litigation or costs pertaining or incurred thereof regarding Copyright Material or Trademarks.
It is the Webmasters or advertisers responsibility to ensure all material displayed on their site is free from Copyright restrictions and any content that may be construed as a trademark be properly and correctly accredited.

Any disputes or litigation or costs arising from the ownership or intent to register a Domain Name are wholly the responsibility of the purchaser or owner of the Domain Name.

Communications by 3rd parties to The Company regarding Copyright Material or Trademark infringements may lead to your hosting being suspended if the 3rd party can prove satisfactorily that any prior direct communications to the offending Webmaster have either been ignored or no satisfactory agreement can be reached. Such suspension shall not be subject to any credit of contractual fees nor pro rata prolongation of contract and the site will remain suspended until such time as the dispute has been resolved or the offending material removed or rectified and a communication from each of the interested parties to that effect has been received by The Company.

LIMITATION OF LIABILITY.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall The Company or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, data loss or any and all other commercial damages or losses, even if The Company shall have been informed of the possibility of such damages, or for any claim by any other party.

EXPORT CONTROLS.
Without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or re-exported

TERMINATION.
This Agreement is effective until terminated. The Company may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement.

The Customer shall give 30 days notice of intent to terminate a web hosting agreement or domain name registration. Failure to advise The Company no less than 30 days prior to the renewal date of the hosting period or domain name renewal shall be considered intent to renew said period and the Customer shall be liable for any and all costs pertaining to the renewal.

MISCELLANEOUS.

The Company shall accept no responsibility for, costs, sanctions, loss of business income, additional or out of pocket expenses incurred as a result of the failure of the Customer to register their websites or domains or advertising presence on the web as required by any applicable legal statute.

The Customer agrees to accept from The Company by e-mail mail fax or phone information pertaining to billing contracts, reports, official notifications, support, operational procedures, information, and technical updates.

That as a listed company or person advertising with The Company you accept from The Company the receipt of e-mails, offers and information pertaining to your advertising

That as a listed company or person advertising with The Company you have the option to accept the receipt of commercial e-mails offers and information from time to time as deemed reasonable by The Company.

Should you expressly decline to receive communications other than those directly connected with your services or listings please mail to unlist@psihostingmallorca.com (Subject Line MUST include the word Unlist) requesting you be removed from our commercial mailing lists.

The Company reserve the right to novate this agreement without prior notice to reflect new or modified services or changes to legislation. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and The Company agrees to furnish the service only upon these terms.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability

(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances.

Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Spain as such law applies to agreements between The Company and its clients entered into and to be performed entirely within the province of Mallorca, Spain, except as governed by European Law.

ACCEPTABLE USE POLICY and BANNED CODE POLICY.

INTERNET RELAY CHAT (IRC).

IRC, IRC bots, BNC, or MUDs may not be operated from The Company servers.

WAREZ

The Company does not allow the hosting of Warez, nor the publication of any URL, I.P. or links directly or indirectly pointing at Warez sites or resources.

STREAMING MEDIA.

The Company does not allow the operation of streaming media services or server daemons on its servers other than that which might be contained within a normal website presentation.

ASP SCRIPTS

The Company supports the Apache ASP scripting functions which are only a limited subset of the full ASP functions.

Webmasters are advised that The Company shall not be held liable for the functionality of web pages containing ASP function calls and it is the responsibility of the Webmaster to ensure that any script using ASP function calls is fully compatible with the limitations and constraints of Apache ASP.

UNSOLICITED E-MAIL (SPAM).

The Company servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. Customer's domain may not be referenced or traceable in any way as a result of any of the above. The Company reserves the right to refuse and/or cancel services of known spammers, mail addresses or web sites being used for such services. The Company reserves the sole right to determine what constitutes violation of this provision.

EXPLOITABLE SCRIPTS.

The Company reserves the right to suspend or cancel any agreement or contract or temporally or permanently shut down a Customer's web hosting site should that client be seen to be running any script that has a known exploit and/or vulnerability contained within it. It is the responsibility of the Webmaster to ensure that any and all such scripts are patched to the latest versions and that every care has been taken to protect the integrity of their website and the server as a whole.

ON-LINE GAMING

The Company does not allow the installation or operation of on-line gaming daemons or processes on its servers.

BANNED CODE

The Company does not allow the use by its customers, or installation on its servers, any code that could be used for hacking, spamming, dos or ddos attacks, attacks on 3rd parties of any kind, crawling of websites to harvest mail or url addresses nor password tracking or spy code of any kind including, but not limited to, publishing for public use any such code whether available for download or just displayed