GENERAL CONTRACT CONDITIONS FOR THE YACOMFREE INTERNET ACCESS SERVICE

France Telecom España Internet Service Provider, S.A.U. (before, T-Online Telecommunications Spain, S.A.U., here in after YA.COM), with head office at Avda. Bruselas, 20, 28108 (Alcobendas) Madrid and registered under CIF [Tax Identification Number] A-82383415, provides the CUSTOMER with the YACOMFREE Internet Access Service (henceforth SERVICE) under the terms and conditions established in these General Conditions.

The provision of the SERVICE will require the CUSTOMER to register for it on the Webpage found at the URL www.acceso.YA.COM (henceforth, · Access Page· ) or through any of the contract channels established by YA.COM and addressed to the CUSTOMER.

The CUSTOMER may enter into a contract under any of the types of the SERVICE, solely and exclusively within the framework of the different packages or commercial offers (hereinafter the · Commercial Offers· ) that YA.COM may make available to the CUSTOMER at any time through the URL http://acceso.YA.COM (hereinafter, the · Access Page· ).

The CUSTOMER shall be understood as all individuals or legal entities that use or request the SERVICE, who do not develop public communications networks or provide electronic communications services to the public, nor resell them, and wish and have sufficient legal capacity to contract the services of YA.COM.

YA.COM shall not be held liable for false statements in the information provided by the CUSTOMER when entering into the contract.

One. Purpose.

The purpose of these General Conditions is to establish the framework within which YA.COM shall provide the SERVICE to the CUSTOMER, and the latter shall use it. The SERVICE shall be provided exclusively in the Spanish territory. In order for the service to be provided, the CUSTOMER's compliance with the Prior Requirements that are covered in Condition Two shall be an essential requirement.

The SERVICE is provided to the CUSTOMER according to the type chosen by the latter, in its capacity as the end CUSTOMER, for its exclusive use at the installation address stated in the contract process. The CUSTOMER may not act as a reseller or distributor of any type of service to third parties, nor use the SERVICE outside of the installation address.

The SERVICE will be provided in partnership with a telephone operator with national coverage exclusively in Spanish territory.

In order for the service to be provided, it is essential to fulfil the Prior Requirements set forth in the Second Condition.

The SERVICE will consist of an Internet access connection through the RTB or RDSI line subscribed to by the CUSTOMER through their Telephone Operator.

Second.- Prior Requirements.

The fulfilment of the requirements listed below will be considered essential and necessary for the provision of the SERVICE.

2.1 Computer Equipment Requirements of the CUSTOMER. The minimum technical requirements listed below must be fulfilled:

· Windows 95, Windows 98, XP, Millenium, 2000, NT, Mac or Linux operating system, or any other that YA.COM lists in the future.
· Pentium 233 Mhz or higher.
· 32 MB of RAM memory or higher.
· Internet connection computer equipment consisting of a Connection Hardware Device.

2.2 Telephone Access Requirements of the CUSTOMER: The CUSTOMER must be a subscriber to an analogical RTB or RDSI telephone line with Telefónica de España, S.A. and fulfil the technical requirements of the service.

2.3 Other installation requirements: MODEM configuration. The functioning of the MODEM requires its correct configuration in accordance with the requirements of the SERVICE, which includes determining the telephone number indicated by YA.COM through which the Internet connection provided by the SERVICE will be carried out. This configuration will be carried out personally by the CUSTOMER (· Self-configuration· ).

Third.- Characteristics of the YACOMFREE Internet Access Service

The SERVICE provided will consist of an Internet access connection via modem through the RTB or RDSI line subscribed to by the CUSTOMER through their Telephone Operator.

Technical Support: The SERVICE includes the provision of Technical Support Service from 8:00 a.m. to 12:00 a.m.

Initial connection period: The initial connection period of the service shall be a maximum of 30 (thirty) days.

Four. Additional Services.

Voice Service through Pre-selection or Direct Dialling: YA.COM may make Voice Service available to the CUSTOMER within the framework of the ADSL Commercial Offers offered at all times, under the indirect access type through pre-selection or direct dialling, which shall be provided by YA.COM. The Specific Conditions applicable to this Service shall be made available to the CUSTOMER and shall be accepted by the latter at the time the express Service is contracted, and also these General Conditions.

Five. Obligations of the Parties.

5.1. Obligations of YA.COM.

From the date that the CUSTOMER has proven compliance with the Prior Requirements (hereinafter · Service Activation Date· ), YA.COM shall be under obligation to:

· To provide the CUSTOMER with the SERVICE under the terms and conditions set forth in this document, it being understood that in the event of the CUSTOMER maintaining the connection to the Service inactive for more than TWENTY (20) consecutive minutes, the CUSTOMER accepts that YA.COM may proceed to disconnect the CUSTOMER from the session underway.

· Provide the CUSTOMER with the ability to terminate the contract at no cost whatsoever, if within the period of 7 (seven) days from receiving the elements necessary for provision of service, the CUSTOMER were to state its intent to terminate the contract, through any manner admissible by law. In this case, the CUSTOMER shall return all elements received.

· Make the Additional Services available to the CUSTOMER, where applicable, contracted by the CUSTOMER together with the SERVICE.

· Provide Technical Support Service from 8:00 a.m. to 12:00 a.m. through a CUSTOMER Service telephone line, which number shall be given to the CUSTOMER along with the Service installation guide.

· Provide a CUSTOMER Service line, which number is 902 902 902, from 8:00 a.m. to 12:00 a.m., where the CUSTOMER may request all information that it requires on the available services, as well as the procedure to follow for filing any claim or complaint arising from the provision of services.

· Maintain the SERVICE operational for use during the schedule contracted by the CUSTOMER, except for temporary interruptions due to maintenance operations thereon.

This free-of-charge CUSTOMER Care service must provide the CUSTOMER with an incident reference number in the event of the CUSTOMER making any claim, complaint or request.

· Maintain and ensure the secrecy of communications, unless there is a request from the governing judicial or administrative authority, in which case it reserves the right to provide the information required by these authorities without prior notice to the CUSTOMER.

5.2. CUSTOMER Obligations.

In effect from the Service Activation Date, the CUSTOMER shall be under obligation to:

· Maintain, where applicable, the Contract for the initial compulsory period stated in the conditions of the Commercial Offer entered into by the CUSTOMER.

· To pay the amounts due for the SERVICE, such as they are set forth in the Commercial Offer contracted by the CUSTOMER.

· Return the Applied Discounts to YA.COM in the event that this is applicable, by virtue of the provisions of Clause Seven of these General Conditions and in the Commercial Offer, whereby the CUSTOMER contracts the SERVICE.

· To not use the SERVICE in contravention of the law or these General Conditions. The CUSTOMER is particularly prohibited from using the SERVICE for committing criminal acts, sending unsolicited advertising or marketing (· spam· ), violating Intellectual Property, Patent and Trademark legislation and/or infraction of any legislation that may be applicable to the CUSTOMER's use of the SERVICE.

· To not use the SERVICE for resale, transfer or commercial development to third parties by the CUSTOMER without the express written consent of YA.COM.

· Keep and protect the access passwords and CUSTOMER identification name provided. The CUSTOMER therefore assumes liability for all damages of any kind that may arise from breaking or disclosing said passwords. The CUSTOMER may change the password at any time.

· To safeguard and preserve, where applicable, the wireless connection, assuming responsibility for the consequences of possible connections made by third parties in order to use the bandwidth contracted by the CUSTOMER for Internet access or in order to access the information contained in the CUSTOMER's computer equipment.

Sixth.- Duration

Seventh.- Economic conditions

7.1 The Customer receiving the SERVICE declares that they are aware and accept that the Telephone Operator with whom they are a telephone line subscriber will invoice them for the minutes of Internet connection in accordance with the telephone rates in force at any given time.

Eight. Responsibilities.

8.1. Communications. YA.COM shall adopt and install the measures and technical means that are required by the current legislation, in order to guarantee the secrecy of communications and integrity of the service as they travel throughout the network of YA.COM.

In accordance with article 14 of Law 34/2002 of July 11, regarding Information and E-Commerce Company Services, YA.COM shall not be liable for information transmitted by users through its network when the data has been provided by the end user of the service.

8.2. Service Quality. YA.COM undertakes to meet the quality levels for each of the services entered into by the CUSTOMER, pursuant to the parameters and methods determined by legislation.

YA.COM will reimburse the CUSTOMER for temporary interruptions to the service lasting more than 24 hours throughout the invoicing period, starting from the CUSTOMER's notification and produced by causes attributable to YA.COM. The Client will receive the amount corresponding to the proportional part of the period of interruption of the service increased by 10%, although this reimbursement cannot exceed the amount corresponding to a monthly fee.

The CUSTOMER must request the application of the aforementioned reimbursement within two weeks of the end of the invoiced period. YA.COM will carry out its application in subsequent invoicing periods.

8.3. Temporary Service Interruptions

8.3.1. When, during an invoicing period, the Client experiences temporary interruptions of the Internet access service, the operator must compensate the subscriber by returning the amount of the monthly quota corresponding to the SERVICE, in proportion to the length of time of the interruption. In this respect, YA.COM will be obliged to compensate the CUSTOMER automatically in the invoice corresponding to the period immediately following the one in question, when the interruption supposes the right to compensation in excess of 1 Euro.

8.3.2. That set forth in the section above will not be of application when the temporary interruption is due to one of the following causes:

i. Serious breach by the CUSTOMER of the contractual conditions.

ii. Damage caused to the network due to the connection by the CUSTOMER of terminal units whose compliance has not been evaluated, in accordance with the legislation in force.

8.3.3. The compensation allowed for in this clause is understood notwithstanding the responsibility for damage caused to final users, which will be demanded in accordance with that set forth in article 102.3 of the Regulation concerning conditions for the provision of electronic communications services, universal service and the protections of users, passed by Royal Decree 424/2005, of 15th April.

8.4. Personal information. YA.COM has adopted all legally required security measures in order to protect the personal data provided by the CUSTOMER.

8.5. Usefulness. The linking devices that YA.COM makes available to CUSTOMERs are only intended for facilitating their search for information available on the Internet. YA.COM does not guarantee that the service is suitable for performing any service beyond that being contracted, nor does it permit access to all Internet sites. YA.COM does not offer or market products and services available on linked sites, nor does it assume any liability for such products or services.

8.6. Use and Contents. YA.COM, which acts exclusively as a service provider, does not control the CUSTOMER's use of the SERVICE.

In this regard, YA.COM is not liable for the use and/or contents that the CUSTOMER may derive from the service, in contravention of the laws or these General Conditions. The CUSTOMER is solely liable for the consequences that its illegal use or use contrary to these conditions may involve, as well as the veracity and/or legality of the contents displayed in the Additional Services.

If YA.COM were to discover, whether directly or through notifications or requests from third parties, the existence of contents that could violate the current laws or these General Conditions, or the use of SERVICE for fraudulent, criminal and/or unauthorised purposes, including Additional Services; YA.COM reserves the right to suspend the SERVICE in whole or in part of its own accord, including the Additional Services, without the need for prior authorisation of the CUSTOMER, by removing the violating contents or any other measure that it deems necessary to prevent the criminal act or detected infraction from continuing.

In no case may the CUSTOMER make use of a transfer rate (bandwidth consumption), whether up or down, that is greater than what is authorised in the Commercial Offer entered into by the CUSTOMER. In this regard, YA.COM shall not allow the CUSTOMER to use either the ADSL connection or each and every one of the Additional Services for transmission and/or publication of elements, which by their characteristics such as size, format, etc., hinder the operation of the Additional Services.

8.7. Without prejudice to the foregoing, YA.COM reserves the right to make the administrative or judicial authorities aware of those events that could constitute an illegal activity, without the need to notify the CUSTOMER beforehand.

8.8. Computer Viruses. YA.COM does not control or guarantee the absence of computer viruses in the services provided by third parties through its portal network, which may cause alterations in the CUSTOMER's computer system (software and hardware) or in the electronic documents and files stored in its computer system.

Nine. Intellectual and Industrial Property.

The CUSTOMER acknowledges that all images, designs, drawings, contents, logos, trademarks and any other product subject to protection in accordance with the applicable legislation on Intellectual Property, Patents and Trademarks, to which it could have access by subscribing to the SERVICE, are property of YA.COM or the third parties owning them. The CUSTOMER undertakes to use the SERVICE by observing these rights.

In no way does the CUSTOMER's entering into the contract for SERVICE imply any transfer of rights to the CUSTOMER by YA.COM in the area of Intellectual Property, Patents and Trademarks. YA.COM prohibits the use of the Service in any way that directly or indirectly involves the contravention of the applicable legislation in the area of Intellectual Property, Patents and Trademarks. The CUSTOMER is exclusively liable for these actions, as well as their consequences, and shall hold YA.COM harmless in all cases.

Tenth. Amending the General Contract Conditions of the SERVICE.

YA.COM may amend these General Conditions or introduce new use conditions, in accordance with current legislation, after communicating this on the Access Page to the SERVICE and a notice to the end users affected, with an advance warning of THIRTY (30) days. These amendments shall only apply from the date of their entry into force.

The CUSTOMER may terminate the contract early without the obligation to pay any amount, in the event that it does not accept the new General Conditions or the amendments therein.

Eleventh. Technological Modifications.

YA.COM shall be entitled to introduce as many changes to the CUSTOMER's systems and facilities and/or its own networks that may be demanded by legislation, and/or to maintain and/or improve the technical service quality (provided these changes do not involve modifications to essential aspects of the contracted Service). In these cases, prior notice shall be given to the CUSTOMER.

Twelveth. Protection of Personal Information.

As a result of the SERVICE contract, the CUSTOMER is aware and accepts that the personal information that it provides to YA.COM shall be subject to processing in a personal data file for which YA.COM is responsible. The purpose of this file shall be the administration of the contracted service and management of incidences related thereto. YA.COM likewise notifies the CUSTOMER, that due to the technical needs for providing the service, upon accessing the YA.COM server, it shall be assigned an IP number (under the service type entered into by the CUSTOMER), which shall record the times said server was accessed. Said IP number shall also be stored by YA.COM so that YA.COM may meet the aforementioned purposes, as well as the requests coming from authorities, who in the exercise of the functions appointed to them, request information regarding the CUSTOMER.

The delivery of all data required for the SERVICE contract is compulsory, given that it is necessary to obtain all this data in order to comply with the purposes stated in the above paragraph. In this manner, YA.COM may refuse to contract the Service to the interested party who does not provide such data.

Likewise, the CUSTOMER gives their consent for the data provided by them to YA.COM within the framework of the contracted Service to be used by the latter for the following purposes:

-Management of the CUSTOMER Loyalty Programme (which may include the delivery of gifts, processing of special offers for CUSTOMERs, YA.COM news items, etc, which may be sent via the postal service, e-mail, SMS and/or MMS).
- The sending by YA.COM of commercial information concerning YA.COM products and/or services (telecommunications services, information society services and electronic commerce regarding photography-related products) and/or by Yacom Travel, S.L. (online travel services), a subsidiary company currently owned 100% by YA.COM, whether by post, e-mail, SMS and/or MMS.

The CUSTOMER may withdraw their consent for the use of their data for any of the purposes described in the two paragraphs above, as well as exercise their right to access, rectification or cancellation, and/or opposition, by sending a letter signed by themselves to the following YA.COM address: Avenida de Bruselas 20, Edificio Gorbea 4, 28108 Alcobendas (Madrid), addressed to the Legal Advice Department with the reference · Data Protection· , attaching a legible copy of their National Identity Document and indicating the address to which YA.COM may send confirmation that it has met their request, or where applicable, the motives that prevent it from fully carrying out the said request.

Thirteenth. Interruption of the Services.

YA.COM may interrupt the SERVICE or terminate it immediately if it detects that the user has breached the present General Conditions.

Fourteenth. Notifications.

All notifications, including communiqués of the CUSTOMER's account being closed for the SERVICE, shall be sent to YA.COM, to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid).

Fifteenth. Claims.

YA.COM has a CUSTOMER Service Centre, which purpose is to attend to and resolve complaints and claims, and any contractual incident raised by the CUSTOMER, which the CUSTOMER may address.

This CUSTOMER Service Centre, shall provide the CUSTOMER, free of charge, a reference number for the incident raised by the CUSTOMER for any claim, complaint or request made.

The CUSTOMER is likewise informed of its right to request a document from the CUSTOMER Service Centre that certifies the filing and contents of the complaint or claim, through any support that allows this certification.

Claims may be filed through the 902 902 902 phone number (or the number that may replace it, where applicable), by ground mail to Apartado de Correos núm. 1058, 28108 Alcobendas (Madrid) or by e-mail to acceso@ya.com.

The CUSTOMER shall prepare its complaints or claims within the period of one month from the time that it is aware of the event resulting in the complaints or claims. Having prepared the claim, if the CUSTOMER had not obtained a satisfactory response from YA.COM in the period of one month, it may turn to the channels indicated in the following sections.

The CUSTOMER may direct its claim to the Consumption Arbitration Boards, under the terms set forth in their regulatory laws.

In the event that the CUSTOMER or YA.COM do not submit to the Arbitration Boards, it may approach the State Ministry of Telecommunications and for the Information Society, within the period of three months from the operator's response or the end of the period to respond.

The CUSTOMER may also address the governing courts of the regular jurisdiction that applies.

Sixteenth.- Use of cookies

With the aim of speeding up the SERVICE provided and identifying each CUSTOMER as swiftly as possible, YA.COM will use · cookies· . · Cookies· are codes that the server inserts in the hard disk of the computer in order to identify the CUSTOMER. · Cookies· are only associated with an anonymous CUSTOMER and do not make it possible to access data of a personal nature or data on the CUSTOMER's hard disk in general. If the CUSTOMER does not wish any · cookies· to be installed on their hard disk, they must configure their browser in order not to receive them. However, in this case, the speed and quality of the functioning of YA.COM's services may be reduced.

Seventeenth.- Languages of General Contract Conditions

These General Contract Conditions are available in Spanish, Catalan, Euskera, Galego and English.

In the event of a conflict between the English and Spanish version, the Spanish will control.

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