Akstat's terms and conditions

1. TERMS AND CONDITIONS OF USE AND AGREEMENT

These Terms and Conditions regulate the use of the AKSTAT service (henceforth, 'Service') that Onhoff Technologies & Solutions S.L. (henceforth, 'ONHOFF') puts at users' disposal through the 'www.akstat.com' website (henceforth, 'Web')

By using the Service gives the condition of Service User (henceforth 'User') and express the whole acceptance of the each of the Terms and Conditions published by ONHOFF at the moment of signing up the service. Consequently, we highly recommend the user to read the Terms and Conditions before any agreement.

2. OBJECT

These Terms and Conditions regulate the use of the services supplied by ONHOFF and use made by the Users

Before signing up an account with ONHOFF, the subscriber agrees and comprehends the whole terms and conditions of service. ONHOFF reserves the right to unilaterally modify the presentation, configuration, contents and conditions of service at any time and without prior notice.

3. THE SERVICE

AKSTAT is a traffic measuring and qualifying service for the sites managed by the user. The private area allows users to manage and consult informationafter the usernamee and passaword is entered.

4. TERMS AND CONDITIONS PRIOR TO OPENING A USER ACCOUNT

Akstat is not a free service. A pricelist is available in our website.

In order to open a new account and start using the services the user first must fill in the application form and pledges to give exact and complete data as well as to communicate any change at the shortest.

5. ACCESS INDENTIFIER

Each account has a username and password that allow the user to access the service.

Each account also allows assignment of multiple users and websites.

The password is personal and secret. The User is only one reponsible of the password and pledges to keep it in secret and not broadcast it by any way.

6. VALIDATION OF MEMBERSHIP APPLICATION

Once emailed with all the information necessary to start using the service as well as the necessary HTML code to be inserted in the webpages liable to be tracked, users will start to be charged for the service.

7. CONDITIONS FOR ACCESSING AND USING THE SERVICE

7.1. Use of the website

By registering at AKSTAT the user is allowed to collect and view a number of stats concerning the traffic in your website using an interface placed on you user area.

AKSTAT services gives comprehensive information on the profile of the visitors to your websites, all collected under its activity framework: AKSTAT builds profiles from the anonymus behaviour patterns of the netsurfers visiting your audited websites, and in none of the cases identificates the visitor. This profile data is property of AKSTAT.

7.2. Contents of the sites registered in the service

The User undertakes to use the service in observance with law, these Terms and Conditions and the morals and respectable customs as well as the public order.

The user directly or indirectly pledges to not broadcasting contents, messages or information from the registered site, particularly:

(a) those infringing, dispising or violating the fundamental rights and public liberties recognized by Constitution, international agreements and the rest of the current legislation
(b) those inducing, encouraging or promoting activities or beahaviours such as crime, denigration, defamation, violence or any other against laws, morals and repectable costums in your community;
(c) those inducing, encouraging or promoting discrimination because of sex, race, religion, beliefs, age or condition;
(d) those describing or depicting violence, pornography, paedophilia, degradation or any other against laws, morals, and respectable customs in your community;
(e) those inducing or enabling induction to an inacceptable state of anxiety or fear;
(f) those inducing or encouring thirds to get involved in dangerous, risky, harmful activities to your health and psychical harmony;
(g) those false, ambiguous, inaccurate or inappropriate that might lead aim or target of the communicator to error;
(h) those inducing or encouragin to suicide, crime or terrorism or even apology for war crimes or against humanity;
(i) those providing thirds with illegal software or serial numbers in both direct or indirect ways, as well as software that might facilitate commiting piracy, intrusion to computer or telecommunication networks, introduction of viruses or any logic bombs or tool that might be harmful to the rights of persons and goods;
(j) those under protection of intellectual or industrial property owned by thirds, without express permissions of usage from the owner of the rights to software, sounds, pictures, texts and animations as well as the rights relating to artists, performers, phonographic producers, audovisual documentaries and the rights to the producers of data bases;
(k) those violating the secrets of third companies;
(l) those against the right to honor, to personal and familiar intamacy and to the individual's own image;
(m) those infringing rules concerning secret of communications;
(n) those constituting illegal, deceiptful or unloyal advertising and also unloyal competence;
(o) those impeding the normal operation of the service because of formats, extensions...

7.3. Responsability for damages

The User accepts responsabiliy for the damages and perjudices of any kind that might cause to ONHOFF as consequence a breach of contract and duties agreed by the user in obervance with law and the Terms and Conditions of Use.

8. PROPERTY OF THE DATA COLLECTED FROM THE USE OF THE SERVICES

All data collected or redistributed by ONHOFF among the Users under framework of service is in all cases property of ONHOFF.

9. PRIVACY POLICY

ONHOFF S.L. is a limited company and it's not associated, manages of influenced by any other company or website. All websites are treated equally.

10. CREATION OF FILES BY THE USERS

We remind users that the creation of files concerning personal data. in accordance with the Organical Law dated 13 December concerning the protection of personal details, is refereed to the Data Protection Agency. The user pledges to respect all diposition relating the creation of such files.

11. CREATION OF A USER FILE BY ONHOFF

ONHOFF creates a file with all data concerning the Users.,
The collection of this data is assigned to allow ONHOFF to manage the user's account and process the mentioned data in order to ellaborate statistics that might be broadcasted and used in front of thirds in an anonymous way.
The User expressly consents the creation of this file which includes all the information that ONHOFF requires in order to sign-up and use our services

12. PERSONAL DETAILS PROTECTION - RIGHTS TO MODIFICATION

In accordance with the Organical Law 15/1999 dated 13 december concerning protection of personal data, all users have the right to access, correct, complete, clarify, deny access to thirds or delete their own data in order to avoid fraudulent use.
For that purpose, the user may change the information from the 'Client Profile' and Users managers' in the user area.

13. EXCLUSION FROM WARRANTS AND RESPONSABILITY ON THE SERVICE

13.1. Availability, continuity, utility and reliability

ONHOFF does not guarantee full avaibility and continuity of the service. When reasonabily possible, ONHOFF will notice users about the interruption of the service suppliance. ONHOFF doesn't also guarantee the usefulness of its service at any specific activity, neither does with its infallibility and particularily -but not exclusively, the availabiity of the different webpages at any time.
ONHOFF also reserves the right to stop providing services or to modify its features at any time without prior notice

ONHOFF EVADES ANY RESPONSABILITY ON DAMAGES OF ANY NATURE THAT MAY OCCUR IN LACK OF AVAILABILITY OR CONTINUITY OF THE SERVICE, FRAUDS COMMITTED BY USERS AND FAILURE OF SERCICE AND, PARTICULARILY BUT NOT EXCLUSIVELY, FAILURE ACCESSING THE DIFFERENT WEBPAGES OF THE SERVICE AS WELL AS FAILURE IN THE TRANSMISSION OR RECEPTION OF INFORMATION, DATA AND CONTENT.

13.2. Privacy and security in the use of the service

ONHOFF EVADES ANY RESPONSABILITY PRIVACY, SECURITY AND DAMAGES OF ANY NATURE THAT MAY OCCUR IN LACK OF AVAILABILITY OR CONTINUITY OF THE SERVICE, FRAUDS COMMITTED BY USERS AND FAILURE OF SERCICE AND, PARTICULARILY BUT NOT EXCLUSIVELY, FAILURE ACCESSING THE DIFFERENT WEBPAGES OF THE SERVICE AS WELL AS FAILURE IN THE TRANSMISSION OR RECEPTION OF INFORMATION, DATA AND CONTENT.

ONHOFF EVADES ANY RESPONSABILITY FOR THE DAMAGES OF ANY NATURE ORIGINED BY THE KNOWLEDGEMENT THAT UNAUTHORIZED THIRDS MIGHT HAVE ON ANY KIND, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF USE OF THE SERVICE MADE BY THE USERS, AND ALSO THE INTERCEPTATION, REMOVAL, ALTERATION, MODIFICATION OR MANIPULATION OF THE STATISTICALS OF ANY KIND THAT USERS MIGHT GENERICALLY TRANSMIT OR RECEIVE THROUGH THE SERVICE BY THOSE BEFORE MENTIONED UNAUTHORIZED THIRDS.

14. CONTRACT DURATION

The present contract comes into effect once the creation of an indefinite account is confirmed by ONHOFF, prior to agreeing the Terms and Conditions of use by the user. Any of the signing parties may terminate the contract at any time without prior notice.

15. BREACH OF CONTRACT - RESPONSABILITY

If noticed directly o by third's requirements of any illegal, fraudulent, illegal or not authorized content as stated in the Terms and Conditions, ONHOFF reserves the rights to terminate the service without prior notice nor authorization from the user. It also applies for any usage of the service that might hinder or impede the normal use of ONHOFF's network. Without adversely affecting what's before mentioned ONHOFF also reserves its faculty to aknowledge the administrative or judicial authorities of those facts that might result in illegal activity without prior noticing the user.

16. Miscellany

Both parties agree with giving ONHOFF full rights to modify the features of the Services and Terms and Conditions as well, in function of the technical evolution of service supplied.

Altough previously notice by ONHOFF, it's reponsability of the users to be up to date of all changes in the service.