PRELIMINARY WARNING:
THE COST OF EACH SMS FROM THE USER'S MOBILE PHONE IS 1.5 POUNDS (VAT INCLUDED). UNLESS OTHERWISE SPECIFIED, THE DOWNLOAD COST SHALL BE FOUR SMS.
Please read these USAGE CONDITIONS carefully and, if appropriate, use the download service which shall imply the express and complete acceptance of each and every one of these USAGE CONDITIONS. Otherwise, please close this website.
ONE. PREMIUM SERVICE DESCRIPTION
1.1. Through this website (hereinafter the Website), users can download executables that contain the selected computer program from our servers to their hard drive (the SOFTWARE).
1.2. Netlink Network Corp. offers a PREMIUM high speed download service that is efficient and virus free. In exchange, the user shall first send three SMS under the conditions specified in clause 2.2 that defines the commercial conditions of the service.
TWO. USE OF THE PREMIUM SERVICE
2.1. In order to access the PREMIUM service, the user shall first send three SMS to 88889 as per the detailed instructions provided at all times in the download section of the Website.
2.2. The cost of each SMS sent by the user to said number is 1.50 pounds + VAT; therefore the total cost of access to the PREMIUM service shall be 3.60 Euros + VAT.
2.3. After sending the three SMS, and always in accordance with the detailed instructions provided in the download section, the user shall receive a code that will enable him to perform the high speed download through the PREMIUM service.
THREE. WEB USER RESPONSIBILITIES
3.1. The user shall prepare, maintain and configure the technical requirements necessary both in his personal computer and mobile phone for the use of the PREMIUM service. Netlink Network Corp. shall not be required to provide technical support in this sense.
3.2. The user shall abstain from using the Website and PREMIUM download system in any way that may damage, render inoperable, overload or deteriorate or prevent its normal usage or enjoyment by other customers. Specifically, the WEB USER commits to not hinder the proper operation of the Website in any way and, especially, to not unduly overload bandwidth or any other technical element that may be damaged, and not transmit any element that may contain viruses, Trojans, logic bombs and, in general, any other element that may damage, intercept or interfere, in full or in part, with the platform.
3.3. The WEB USER shall abstain from performing any event that contravenes the industrial and intellectual property rights of graphics, brands, logos, designs, drawings, text, programming, software and other multimedia software displayed in the Website; furthermore he/she shall not alter or manipulate "copyright" mentions and other details that identify intellectual or industrial property rights of Netlink Network Corp. or the owners of the content provided on the Website or of third parties, as well as technical protection devices, digital fingerprints or any other content protection instruments.
3.4. In the event of an individual, the user declares and guarantees to NETLINK NETWORK CORP. that he/she is of adult age.
3.5. The user commits to indemnify Netlink Network Corp. for any damages and losses, including if applicable legal assistance expenses, both in court and out of court, that may be incurred as a result of the breach of these USAGE CONDITIONS, and especially failure to comply with the terms included in this clause.
FOUR. LIABILITIES
4.1. We shall not be responsible for any network deficiencies that may be attributable to the mobile telephony operator, and specifically but not limited to the following: interferences due to weather conditions, lack of cover of the user's mobile terminal, deficiencies in the user's mobile terminal, network supply deficiencies of the operator or mobile telephony operators, inadequate or fraudulent manipulation of the user’s mobile phone.
4.2. Likewise, the user assumes and accepts that even though the Netlink Network Corp. servers are prepared and enabled to provide a PREMIUM download service, there are other network elements belonging to telecom operators beyond the control of NETLINK NETWORK CORP.; therefore we decline any kind of responsibility for such circumstance in the event the download speed were slower than desirable.
4.3. The WEB USER accepts that the Website has been designed in good faith by Netlink Network Corp. and it may contain inaccuracies or errors, which shall be corrected as soon as possible after it is aware of them.
4.4. Netlink Network Corp. states that the Website currently has the necessary technology (hardware and software) for access and / or usage of the services it provides. However, Netlink Network Corp. is not obliged to guarantee permanent access to the Website, and may interrupt its access and use of the services in order to perform modifications or technical improvements; it shall not be responsible to users for any damages that may arise due to such circumstance, given that, with the acceptance of these USAGE CONDITIONS, the user accepts and assumes the Website may not be permanently available.
4.5. NETLINK NETWORK CORP. has adopted all technical security and organizational measures that may be applicable in accordance with existing quality standards, in order to guarantee maximum security and confidentiality of communications; furthermore, controls have been implemented to prevent the emergence of security breaches or other negative consequences, adopting organizational measures and the most suitable technical procedures in order to minimize these risks. Regardless of the above, the user recognizes and accepts that Internet security measures are not impregnable. Internet networks are not safe and any communication sent over this media may be intercepted or modified by unauthorized persons.
4.6. NETLINK NETWORK CORP. shall not be responsible for any information provided through its Website from being complete and accurate; it shall not be considered as responsible for damages or losses of any kind that may be derived from the access to the Website or use of services. Furthermore it shall not be responsible for other products and services offered through the Website by third parties or provided through hypertext links).
4.7. Furthermore, NETLINK NETWORK CORP. shall not responsible for possible errors or security deficiencies that may arise from the use by the user, of a browser version that is not up to date or insecure, as well as for the activation of password storing devices in the browser, or damages, errors or inaccuracies that may be derived from its poor usage.
4.8. At any time NETLINK NETWORK CORP. may request the user to accredit the fulfilment of obligations derived from these USAGE CONDITIONS, and may cancel its access automatically in the event that such fulfilment cannot be accredited.
4.9. In addition, and as an example, without detriment to the aforementioned, NETLINK NETWORK CORP. shall also not be responsible for:
1. Loss of power and errors during data transmission;
2. Connection interrupts;
3. Removal of content or user data;
4. Inaccessibility of platform while online;
5. Delayed data transmission;
6. Interruptions or other communication faults;
7. Theft of annotations;
8. Destruction of data of any kind by third parties;
9. Unauthorized access to data;
10. Data manipulation;
11. Inadequate data usage.
FIVE. TECHNICAL SUPPORT
5.1. In the event of any kind of problem or incident during the use of the PREMIUM services, users may contact NETLINK NETWORK CORP. through the following e-mail address: soporte@utilidades.de. Users shall send an e-mail to this address describing the problem and NETLINK NETWORK CORP. shall commit to attend to their incident as quickly as possible.
5.2. However, NETLINK NETWORK CORP. shall only provide support to users with some kind of question or incident related to downloading, but under no circumstance shall offer help on the software being downloaded; in this case users shall contact the user that owns the software.
SIX. PERSONAL DATA PROTECTION
Users accept that their personal data and any data provided to NETLINK NETWORK CORP., as a consequence of the request, consultation or engagement of any service or product protected by these USAGE CONDITIONS shall be included in an automated file owned by NETLINK NETWORK CORP. and maintained under its responsibility. The purpose of this file is the management and provision of user services, as well as the transmission of commercial communications related with products and services equal to those provided in the Website through any media, including electronically (by e-mail and/or SMS). Should the user not wish to receive any further commercial communications about our products or services or those of our Group companies, shall do so by sending an e-mail to soporte@utilidades.de indicating “black list” in the subject field. Furthermore, users may exercise the rights of access, rectification, cancellation and opposition with regards to their personal details. Said rights may be exercised through written notice to the registered address of NETLINK NETWORK CORP.
SEVEN. MODIFICATIONS
NETLINK NETWORK CORP. reserves its right at its discretion to modify the presentation or configuration of the Website, the clauses of these USAGE CONDITIONS and, in general, any other content or service of the Website. This shall only require including the corresponding modifications in these USAGE CONDITIONS and locate them in the permanent link provided to the user to review them. In this sense, access by the user to the Website, the use of any of the services shall be considered as the express and full acceptance by the user without any reservations of the entire content of modifications; therefore users shall be firmly and irrevocably responsible for checking the content of these USAGE CONDITIONS each time they access the Website.
