legal conditions

ANACONDAWEB - Legal Agreement for Terms and Use

I.- Preliminary Points

1. Description
2. Content of the Agreement

II.- Acceptance of Legal Conditions

1. General Terms
2. Anacondaweb Software License
3. Copyright Information
4. User Registration
5. User Content and Conduct
6. Acceptance of Terms of Sale
7. Prices
8. Purchase Order
9. Payment and Activation
10. Warranties and Returns
11. Charges and Billing
12. Service and Product Modifications
13. Account Termination
14. Exemption of Responsibility
15. Domain Names

I.- Preliminary Points

1. Description

CONECTU.COM LIMITADA, henceforth "the supplier", is an Information Technology company and tools developer or “Tools Builder”. The supplier’s main objective is to serve and to advise its clients, providing them with the technological solutions that their companies or organizations require, according to their necessities and markets to which they are oriented, as well as offering them a corporative image. Basically their services can be summarized in: 1) Engineering projects and system development; 2) E-commerce systems; 3) Consultancy and creation of Web sites; 4) Tailor made development projects of software; 5) Elaboration of advertising elements online; 6) Development of logos; 7) Consultancy and development of projects and portals for the Internet; and, 8) High quality hosting for companies.

2. Content of the Agreement

Within the range of products and services developed by CONECTU.COM, is the denominated software ANACONDAWEB, that is a tool destined to construct, to maintain and to provide Web site hosting and electronic mails with customized domains, destined to sell to the public at large, especially to small companies and individuals, in exchange for a monthly fee.

The product in reference is modular, easy to use and proven, and it mainly distinguishes itself from other products in the market for many reasons due to its quality and technology, which can be emphasized by:

a) The capacity to create, host and update Web sites, and also administer electronic mails from a Control Panel, in a fast form and of easy implementation.

b) the product consists of an ample collection of designs and graphical elements, modifiable the number of times that the user wants after his activation.

c) Also, Anacondaweb contains modules like Photo Albums, Product Catalogue, Bulletin and News system, Visitor’s Book, Contact Form; 100 Design plates, nonexclusive; and a Free Demo System.

d) Availability in Spanish and English.

e) It does not require knowledge of applications outside the scope of Microsoft Windows.

II.- Acceptance of Legal Conditions

This is a legal agreement between you, the user of our products, or any company which you represent, and Anacondaweb.com. DO NOT USE OUR SERVICES AND DO NOT REGISTER OR PURCHASE ANY OF OUR PRODUCTS IF YOU DO NOT AGREE WITH OUR TERMS. All services are accepted on Anacondaweb's legal and published terms, and Anacondaweb reserves the right to update and modify its legal terms at any time.

1. General Terms

Any member or user of Anacondaweb software agrees to use the products and services solely as offered through the website, and not use them for other purposes, including tampering, distributing, altering, reproducing, publishing, licensing, creating derivative programs, selling or renting all or part of the software, products and services offered.

Anyone attempting to hack the website or access without permission the password protected areas is subject to prosecution. In addition, Anacondaweb reserves the right to initiate legal action to charge for damages.

2. Anacondaweb Software License

All software is provided by Anacondaweb, and its intellectual property is registered under license numbers 146055 and 148444 of the Chilean Intellectual Property Registry. It is illegal to copy, sell or rent this product.

Users are provided with licenses that are non-transferable. The structure, concepts, sequences, ideas, content and programming code belong to Anacondaweb and are protected by law.

As a result of this, customers will not be able to use this software in other servers, nor will they be able to copy, modify or intervene in it in any way. They will be unable, directly or through third parties, or by means of employees and/or executives, either to try to license software similar to ANACONDAWEB or similar systems that aim to give the same service, the source code and/or the programs that Anacondaweb comprises of.

3. Copyright Information

All the material regarding the Anacondaweb site and services are protected by copyright laws, including the design of the Anacondaweb site, the logo and its various uses, the design templates, and cannot be used elsewhere or copied for other purposes except with written permission from Anacondaweb.

4. User Registration

Registration in the Anacondaweb system is required for any of the services or products contracted. If a user wishes to participate in contracting any of the services or products, the user agrees to provide true and accurate information, as well as to keep this information updated. Access to the user's account shall be the sole responsibility of the user, and any and all consequences resulting from access to a user account are the sole responsibility of the account holder.

All user information is subject to the Anacondaweb privacy policies provided on the website.

5. User Content and Conduct

The user is solely responsible for the information provided on the service contracted by that user, including all texts, photos, links, software, music, sound and messages. Anacondaweb will not be liable or responsible for any of the content provided by users on their website, and it is the users responsibility to comply with local, country, and international laws, including providing all the necessary warnings and disclosures.

Anacondaweb does not monitor content posted using its service, and consequently cannot be responsible in any way for the information provided, its accuracy, its integrity or its quality. Anacondaweb reserves the right to shut down any account that does not comply with the abovementioned content rules.

6. Acceptance of Terms of Sale

Transactions between Anacondaweb and the purchaser, or "client", are governed exclusively by these Terms and Conditions of Sale, subject to current Chilean Law, with particular reference to the Chilean Civil and Commercial Codes of law.

If the client does not accept these conditions, he should not make any purchase of goods or services in the Anacondaweb web site.

By carrying out a transaction or participating in the web site, the client indicates that he accepts and recognizes the validity of the conditions set out by Anacondaweb in the Terms and Conditions of Sale.

7. Prices

The prices published on the Anacondaweb web site are expressed in US Dollars, and for purchases within Chile may be converted into Chilean pesos at a rate of exchange which will be updated periodically. All the published prices include 19% Value Added Tax (VAT) established by the Chilean Inland Revenue Service, in addition to the price of the product. The conversion rate published on the web page at the time of the purchase will be honored. Anacondaweb accepts no responsibility for any charges imposed by foreign countries and their tax systems, which may increase the final cost of the product.

Anacondaweb reserves the right to change prices and/or products without prior warning to the clients. Where an order has already been placed or a purchase effected, Anacondaweb will honor the information published at the time when the transaction was made.

Promotional offers published on any product will remain valid as stipulated, and will be marked and identified as such.

8. Purchase Order

Orders will be initiated by the submission by the client of a request made on a "purchase order" form, which will contain the following information: identification of product; number ordered; client information; delivery address etc.

The submission of this purchase order by the client implies a declaration by him or her that the order is valid, in other words it implies a willingness to form a contract with Anacondaweb. All orders are subject to their acceptance by Anacondaweb.

Every order will be assigned an identifier number known as the "purchase order number".

9. Payment and Activation

Products and services ordered from Anacondaweb will be activated once payment has been confirmed. Payment may be made by any internationally accepted credit card; Visa, Master Card, Diner's Club International, Magna, Discover, eCheck, and American Express, subject to on-line authorization through Transbank's "Webpay" service or Ebay's "PayPal" System. The charge to your credit card will be for the total amount of the order, including all costs.

Furthermore, Anacondaweb offers you the possibility of paying in interest-free quotas through Transbank's Webpay system. These transactions may only be carried out using credit cards issued in Chile, in Chilean pesos, with a maximum of three interest-free monthly quotas.

The “WebPay” service used by Anacondaweb to process credit card payments is a service provided by Transbank, and this system will check and authorize or reject the charge, depending on the state of your credit card account.

The “PayPal” service used by Anacondaweb to process credit card payments is a service provided by PayPal, an Ebay company, and this system will check and authorize or reject the charge, depending on the state of your credit card account.

If the credit card is not valid or is rejected by either Webpay or PayPal on-line payment systems, the client will be informed immediately via a specially designed web page, which simply states that the transaction has been rejected without any further details.

Both WebPay and Paypal incorporates key security elements: encryption of data which is transmitted over the net with the SSL (Secure Socket Layer) security protocol, validation of additional data (verification code), business authentication, and handling of credit card information.

Anacondaweb only receives approval or rejection of a transaction from WebPay or PayPal, and is not informed under any circumstances of specific information relating to your credit card.

10. Warranties and Returns

Anacondaweb will only return a payment if the product presents technical defects which cannot be repaired within 7 working days once informed in writing. By technical defects, Anacondaweb refers to faulty software which causes errors in your website or other products.

If the client decides to cancel the order of a defective product, the client can request to annul the purchase, and the same process mentioned will be carried out, i.e. the purchase will be cancelled and the total price of the specific contract will be credited to the client’s credit card account through Webpay or PayPal, depending which was used to make the payment. In this case the client’s account will be deleted from the system and Anacondaweb will not be liable for the loss of content from the website.

Anacondaweb reserves the right to terminate an account and product or services, without any reservations or limitations, if the user breaches this agreement in any way. If the account is cancelled for breach of this agreement, all pre-paid fees will not be returned or refunded, and Anacondaweb will not be liable for the loss of content from the website. Anacondaweb reserves the right to collect any unpaid fees upon the termination of an account. Anacondaweb will not be responsible for the loss of content on a website if an account is terminated by the client or by Anacondaweb due to breach of contract.

The purchaser must not incur any violation or infraction of the national laws of the country from where the product is being purchased, or any other regulation that may be applicable, with respect to the products or technical information of the products. It is the purchaser's responsibility be to informed about such regulations and laws and their consequences; Anacondaweb accepts no responsibility in this respect.

It is necessary to read and accept the Conditions of Use for the software provided on this website in order to ensure that users understand and comply with regulations.

11. Charges and Billing

Anacondaweb reserves the right to charge for any contract which has been accepted by a user, as according to the published fees at the time the contract was approved by the user.

Users hereby authorize Anacondaweb to charge user's credit card in advance for all applicable fees incurred by user in connection with user's chosen Service and user's Account.

Anacondaweb reserves the right to change its fees at any time, but will respect any contract currently undertaken until its expiration, from when a new price may be established. All prices will be made public through the website at all times, including any modifications.

12. Service and Product Modifications

Anacondaweb reserves the right to modify at any time, without previous warning and at its own discretion, any information contained in this Web site, including aspects related to conditions, prices, all or any one of the products and services offered, or to impose limits and prohibitions to anyone of these. Nevertheless, Anacondaweb will respect all contracts that are subscribed and paid, offering the service or the complete product that has been bought, but specifically reserving the right to modify the service at the time of renovation of these contracts.

13. Account Termination

Anacondaweb reserves the right to terminate an account and product or services, without any reservations or limitations, if the user breaches this agreement in any way.

The buyer will not violate or infringe the laws of any country where it buys the product, or break any other norm that is applicable. The buyer has the obligation to inquire about those dispositions and such infringements and their consequences will not under any circumstances be the responsibility of Anacondaweb.

14. Exemption of Responsibility

The supplier will not be responsible before the users, nor before any third party, for the following events or occurrences:

a) Power cuts by the electricity companies;

b) Earthquakes that prevent to give an optimal and complete service;

c) Fire started in the HOSTING buildings or the surrounding buildings;

d) Cuts of international or national connections by Internet service providers;

e) Bad use of access accounts;

f) Hacker Attacks to the system;

g) Delay of the client in the change of DNS for the activation of the service from the supplier;

h) Delay in the transferal of the DNS from the company previous to Anacondaweb, in that case;

i) Anacondaweb will not be responsible for any damage, or damage that presents itself in any computer as a result of the access to service and its tools, or by any virus or similar threat that can affect a computer through its portal or its services. Nevertheless, Anacondaweb uses antivirus protection.

Anyone of the previously indicated events can potentially damage ANACONDAWEB’ s software, which will not be the responsibility of the supplier. In that case, it will mean the system will have to be reinstalled using the last existing backup.

15. Domain Names

Those customers who choose to purchase a domain name through Anacondaweb or its affiliate company CTUDomains (www.ctudominios.cl) will be registered under the Legal Conditions of CTUDomains.

home